Judges will have to prove psychological ability to go armed, decide o STF

The decision was made in ACO 2280, ajuizada pela Associação dos Magistrados Brasileiros (WITH).
09/01/2018 15h44 - Updated 9/01/2018 15h44
Photo: Playback / Internet

Or minister Edson Fachin, do STF (Supreme Court), rejected an injunction filed by magistrates associations to suspend the requirement of technical proficiency testing and psychological ability for judges to acquire, register and renew the carrying of firearms. The decision was made in ACO 2280, filed by AMB (Association of Brazilian Magistrates), by Anamatra (National Association of Labor Court Judges) and the Ajufe (Association of Federal Judges of Brazil) against the Instruction devices 023/2005 the Federal Police Department and the Disarmament Law Regulation (Decree 6.15/2008) which now require evidence.

According to the associations, the requirement prevents or restricts the right of judges to carry weapons for self defense, in the article 33, inciso V, the Organic Law of the Judiciary (Loman). As the argument, Loman the norms could only be regulated by law of the Judiciary itself initiative or regimental standards of the courts or the National Council of Justice. In response to administrative request, the Federal Police have refused to recognize the prerogative.

In emergency guardianship order, magistrates supported the illegal constraint that were being submitted those who need to use the weapon possession prerogative for self defense, hence the intention to suspend the effectiveness of rules. merit, ask the Supreme Court declared its illegality and unconstitutionality incidental, so that they can carry out the acquisition, registration and firearms license renewal and ensure your possession for personal defense without the need to undergo technical capacity tests and psychological fitness.

Decision
When examining the application for interim protection, the Minister pointed out that Fachin, despite previous appointed by the associations, o STF, in cases that discussed the same issue, denied follow-up to the Common Shares 2259 and to 1429 (both of reported by Minister Ricardo Lewandowski) with the understanding that the demand implies law in theory and discussion, therefore, It would be applicable only in the context of concentrated constitutional control. "The existence of different understandings of the same material indicates, at least in the judgment prefatory, characteristic of appointments injunctions, the absence of sufficiently able probability of the alleged right ", he said.

Fachin also not verified the presence of risk in delay, Another requirement for granting the injunction, since the normative instruction was issued in September 2005 and Decree 6.715, which regulated the Disarmament Law, in 2008. "The course of almost ten years between the publication of the contested standards and the bringing of this action invalidate the arguments presented by the applicant in interim headquarters", concluded.


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