LAWYERS IN BRAZIL: A STUDY ON THE ACTUAL NEED FOR CARRYING FIREARMS

Abstract

This scientific article studies the effective need for lawyers to carry firearms in Brazil, addressing how current legislation, especially the Disarmament Statute (Law No. 10.826/2003), limits the right to self-defense of these professionals by requiring proof of "effective need." The study starts from the central problem: what is the importance of granting the right to carry firearms to lawyers in Brazil? The general objective is to understand the effective need for the authorization of firearm carrying for lawyers, considering the risks to which they are exposed in the exercise of their profession, with emphasis on lawyers who work in Criminal Law and in the defense of human rights. Specific objectives include exposing the risks to the life and physical integrity of lawyers in the exercise of their profession, analyzing current Brazilian legislation on carrying firearms and its specific applications for lawyers. The methodology adopted consists of a qualitative analysis of legislation, jurisprudence, and bills in progress, focusing on the interpretation of the concept of "effective need." The research is expected to highlight the specific risks faced by lawyers and the need for security policies that balance the right to self-defense with collective security, contributing to an informed debate on granting gun permits to lawyers and adapting legislation to the particularities of legal practice.