Legítima defesa: um direito fundamental tolhido pelo estado brasileiro

Abstract

The present work aims to demonstrate the right of sal datense as a way ort preseiving fundamental rights. so that it must also ¡ntegrate the role of these rights. For this demonstmüon. the position taken by Frédéric Bastiat wil be adopted as lo what should be the purpose of the iaws and to expose how the Brazilian legal system opposes this purpose. Mer the first approach. the paper will discuss how the Braziian State has restricted the right ot defense to its citizens. ln this sense. it will be discussed which philosophical supports. with a htlcmm in a liberal thought. that oppose the current disarmarnent policy on society. Subsequently. some examples will be shown that show that the disarmament policy did not ftlñll its purpose. narnely: the reduction of violence rates tn the comtry. ln addition. confiicting jurisprudentiat positions will be presented regarding the responsibility ot the State in its duty to promote the security of the population. so that it is intended to show that the State prevents the individual from obtaining the means for their sett-detertse and. at the same line. To the security duty o( its citizens. Thus. it is intended to demonstrate that such poiltical measures only rendered umiiabie access to arms by those who would malte use of them tor self-defense. so that the restrictions lmposed by the Dlsarmament Statute lmply violations of fundamental rigrts, which is why it needs to be repealed .