Brazilian Law on Drug Trafficking and Firearm Control

Illicit Drug Trafficking

Legal Objectivity and Public Health

The primary legal objective is the protection of public health. The definition of illicit drugs is established by executive power, as outlined in Article 1.

Understanding Multiple Action Crimes

This is a crime of variable conduct, also known as a multiple-action offense. If an individual performs all the criminal actions described (e.g., buying, storing, and selling), they are charged with a single crime. This principle is also known as ante-factum or post-factum unpunishable acts, where preparatory or subsequent actions are absorbed into the main offense. For example, if a person arranges to buy drugs and pays after receiving them, it constitutes a single crime.

A driver who knowingly transports drugs is also liable for the same crime under the specific action of 'transporting'.

Direct Activities and Liability

The direct activities are those specified in Article 33. This does not pertain to vehicles as defined in the traffic code. If a person causes property damage or kills someone while committing the crime, they are responsible for those separate offenses (e.g., property damage, murder) in addition to the drug trafficking charge.

The Statute of Disarmament

Firearm Definition and Registration (Art. 3)

A firearm is legally defined as the weapon itself, along with its accessories, ammunition, explosives, and incendiary devices.

Possession and Carrying Offenses (Art. 12-16)

Articles 12 through 16 of the law criminalize the possession and carrying of firearms. It is crucial to understand the nature of these crimes.

• Article 12 - Possession: This is a multiple-action crime. An individual who commits two or more of the prohibited actions related to the same weapon will be charged with a single crime, as one action includes the other. The second offense is considered a subsequent, unpunishable act.
• Article 17 - Illegal Arms Trade: This article addresses any conduct within a commercial or industrial activity that indicates the illegal trade of arms. If a person engages in such conduct without commercial intent and the firearm is permitted, they may be charged under Article 14. If the firearm is prohibited, the charge falls under Article 16.
• Article 18 - International Arms Trafficking: This article covers the same activities as Article 17 but on an international scale. A customs officer who facilitates such trafficking is also liable for the same crime.
• Article 19 - Increased Penalties for Specific Crimes: This article establishes a special cause for increased penalties in any crime involving restricted-use or prohibited weapons.
• Article 20 - Liability for Authorized Carriers: This applies to individuals who have a permit to carry firearms. For example, a police officer who lends their weapon to their brother commits the crime of illegal possession of a firearm under Article 14.