Advocacy professionals’ safety is increasingly becoming a prominent topic of discussion and concern.
A legislative proposal allowing lawyers to carry firearms for personal defense has progressed in the National Congress.
Our team created a summary to provide updates on Law Project No. 2.734/21, including its justification, key points approved by the Senate Public Security Commission, upcoming processing stages, and requirements for implementation.
What is mentioned in Bill 2734/21?
The proposed Bill No. 2,734/21 by Senator Flávio Bolsonaro suggests amendments to the Statute of the Law and the Statute of Disarmament to allow lawyers to carry firearms for self-defense purposes.
The proposal has been approved by the Senate Public Security Commission and will now be reviewed by the Constitution and Justice Commission (CCJ).
Explanation and background of the suggestion
The main goal is to provide lawyers with a reliable protection tool against the risks they face in their professional activities, particularly in situations related to freedom, property, or family disputes.
The rationale is supported by OAB data indicating that 80 lawyers were killed from 2016 to 2019, underscoring the necessity for steps to enhance the security of these individuals.
Projects consolidation and key highlights
Senator Alessandro Vieira, the rapporteur, chose to merge PL 2.734/21 with PL 2.530/24, proposed by Senator Cleitinho, as they address the same topic.
The outcome was a document that merges the intricate legislative approach of the initial plan with the directness of the second, leading to a more transparent and user-friendly suggestion.
Among the most important aspects:
- The project provides lawyers working in the Judiciary and the Prosecutor’s office with the necessary training to carry firearms.
- The lawyer must demonstrate technical competence and psychological suitability in order to qualify for the port, as revised by Senator Fabiano Contarato.
- Senator Sergio Moro’s amendment states that a certificate of active legal practice issued by the OAB will be enough to show the requirement.
- The amendment also forbids entering courts, forums, and prisons with weapons, while following safety regulations in these places.
The Federal Council of the OAB will be in charge of determining the specific rules for granting the port, outlining the criteria for exercising this privilege.
Verify as well:
- How the Lawyer Should Behave in the Presence of the Custody Audience
- Criminal Appeal Template
Next in line: the upcoming actions regarding the bill becoming law
After receiving approval from the Public Security Commission, the project moves on to the Constitution and Justice Commission (CCJ) for evaluation, where it may undergo revisions or be subjected to new amendments.
If accepted, it will be sent to the Senate plenary and later to the House of Representatives for a comparable procedure.
If approved by both chambers and authorized by the President of the Republic, the use of weapons by lawyers will still require regulation.
The Federal Council of the OAB will be in charge of determining the criteria for exercising that right.
Although progress has been made, it is crucial to adhere to the procedure, as modifications are still possible until the proposal is officially enacted.
Check out our article about Final Claims in the CPP: What it entails and how to go about it.
What is the primary objective of Law Project No. 2.734/21?
The proposal is to permit lawyers to carry guns for self-protection against the dangers they encounter in their line of work, particularly in delicate cases like those involving liberty, inheritance, and family disputes.
What were the key points emphasized in the consolidated bills regarding firearm regulations for attorneys?
The project provides training for lawyers working in the Judiciary and the Public Prosecutor’s office on the right to carry a weapon. However, obtaining the license is not guaranteed and requires lawyers to demonstrate technical skills and mental fitness.
Regular exercise of advocacy certified by OAB is enough to prove the necessity, and entering courts, forums, and prisons armed is not allowed.
Who will oversee the authorization of firearms for attorneys if the law is approved?
The Federal Council of OAB will be in charge of the specific rules for lawyers to receive a weapon, outlining the requirements for implementing this privilege.
What is the primary reason given to support the necessity of lawyers carrying weapons?
The primary reason is supported by OAB statistics showing a high number of murders of lawyers (80 from 2016 to 2019), emphasizing the necessity for safety measures to protect these professionals from the dangers they face.
At what stage of the legislative process is Bill no. 2.734/21?
The project has received approval from the Senate Public Security Commission and is now moving forward for examination by the Constitution and Justice Commission (CCJ).
Will lawyers receive the weapon automatically once the law is approved?
The gun port will not automatically open. As per a new addition to the proposal, the lawyer interested in this must demonstrate technical skills and mental suitability.
