THE ACQUISITION OF A FIREARM AND PROOF OF SUITABILITY THE UNCONSTITUTIONALITY OF ART. 4th, I, IN FINE, OF LAW N. 10.826/2003 FROM THE PERSPECTIVE OF ROBERT ALEXY
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Abstract
The purpose of this article is to promote reflection on whether the requirement of "not being the subject of a police investigation or criminal proceedings" for the acquisition (possession) or carrying of a firearm (art. 4, I, in fine, of Law n. 10.826/2003) is (in)compatible with the Brazilian constitutional system. Therefore, using the deductive method and complementary bibliographical research, a brief normative historical analysis will be made of the acquisition (possession) and carrying of firearms in Brazil, as well as conceptualizing the fundamental rights of the Principle of the Presumption of Innocence and the Duty of Public Safety. Next, Robert Alexy's Theory of Fundamental Rights will be explained, with a focus on his weighting technique. Finally, it will be verified that, from this author's perspective, the provision in question is not in line with the Constitution of the Federative Republic of Brazil of 1988 (CRFB/88) because it submerges the Principle of the Presumption of Innocence.
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