For LFG and Aurea Maria Ferraz de Sousa
André Abreu de Oliveira, in his article - The Statute Disarmament forgot the illegal sale of firearms? (published in Jus Navegandi) - makes an important observation about the conduct of selling firearms without the action falls within the crime of illegal weapons.
Before the advent of the Disarmament Statute, there was an explicit in art. 10 of Law no. 9.437/97, \u200b\u200bthe conduct of sell. The new wording, however, brings other thirteen lines in Article 14 which provides as follows:
Drug Trafficking. Too late. Freedom
Crimes against public faith and principle of insignificance
Porte illegal firearm permitted use
Article 14. Carrying, holding, acquiring, furnishing, receiving, storing, transporting, yield, even for free , lend, send, use, keep in custody or hide gun fire, accessories and ammunition permitted use, without authorization and in violation of law or regulation:
The question addressed by the author is exactly on the behavior highlighted in the above-quoted essay. He argues that the crime of selling illegal possession of guns in Brazil was not suppressed, being understood in the verb "give". Explains that if the legislature has expressly provided that the action "give, even for free" is a crime, it is clear that giving expensive (read: sell), is a crime too.
The subject is timely important when discussing the easy availability of guns in Brazil, especially before the tragedy occurred on 7:04:11 in Rio de Janeiro. Wellington de Oliveira, a boy of 23 years, possible victim of bullying at the time he was a student, carrying two heavily armed with guns and killed 12 children in a school in Realengo.
A Matter of Folha.com concluded in 2010 that Brazil has 16 million firearms, but only 13% in state hands. The recent report of State of concluded that schools shot up to accept minors and just ask RG and CPF.
For some, sell the fact firearms without that characterize the conduct commerce (as provided in art. 17 of the Statute of Disarmament) is typical. But for the author, the conduct is criminalized in Article 14.
conduct of selling is not expressly provided for under current law. But Art. 14 cited included the verb give in (even for free). This is the case to admit the call extensive interpretation, which does not overlap with the analogy (forbidden in criminal law against the defendant). In broad interpretation still exists legislature's intent to criminalize the conduct. In this analogy is not so inclined. Our Penal Code punishes the practice of bigamy (CP Art. 235). It is permissible to punish broad interpretation is also the third marriage, fourth, fifth etc. This is interpreted broadly, because there will of the legislature to punish remarriage, when it comes to married staff. On the topic of firearms, there will expressed by the legislature to punish the act of giving, even for free. With more reason should be punished the act of yielding, against payment (which means the sale). This is not because this analogy is not this the will of the legislature. Example: the glue machine is not provided for in any legal device. To admit that the glue is electronic crime today is need to use the analogy (with Art. 171, for example). However, this procedure is not allowed in criminal law.
Conclusion: the act of selling firearms illegally is a crime because the law punishes the act of giving, even for free. At the time of sale there is a paid transaction. The law punishes, as we see, any act of transfer. In selling there is a transfer. Why the behavior is typical, without violating the guarantees of legality.
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