STF overturns ES law and prohibits weapons for socio-educational agents

Unanimously, the Plenary of the Federal Supreme Court (STF) overturned Complementary Law No. 1,017/22 of the state of Espírito Santo, which had guaranteed the carrying of weapons for socio-educational agents. The decision was made within the scope of the trial of Direct Action of Unconstitutionality (ADI) 7424, proposed by the Attorney General’s Office (PGR).

In the action, the PGR alleges that the state law violates the Union’s competence to authorize and supervise the production of war material and to legislate on the matter, in addition to violating the Disarmament Statute (Federal Law 10,826/2003), which “by relating public and private agents authorized to carry firearms, did not include socio-educational security agents”.

The arguments were accepted by the case’s rapporteur, minister Gilmar Mendes, who stated that the “competence attributed to States in matters of public security cannot override the broader interest of the Union in terms of formulating a national criminal policy” .

The state law was overturned despite containing a provision that prohibited the carrying of firearms by agents on the premises of socio-educational units.

“According to the consolidated jurisprudence of the Federal Supreme Court, therefore, the state rule that grants possession of weapons to Socio-Educational Security Agents is unconstitutional, due to violation of the exclusive competence of the Union to legislate on war material and to establish in which cases it must be secured the functional possession of a firearm”, says an excerpt from the report by Minister Gilmar Mendes.