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2005 Brazilian firearms and ammunition referendum

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On October 23, 2005, Brazil held a country-wide referendum on article 35 of the Disarmament Statute to determine whether to approve or disapprove the article, which states in full, "The sale of firearms and ammunition is prohibited in the entire national territory, except to those entities provided in article 6 of this Law." ("Art. 35. É proibida a comercialização de arma de fogo e munição em todo o território nacional, salvo para as entidades previstas no art. 6o desta Lei."[1]) The referendum failed by nearly ⅔ and that part of the statute was not enacted.

The referendum and its date had been provided by the Disarmament Statute itself (art. 35, §1o).[1] During the drafting and development of the law, it had been decided that article 35 should be submitted to a referendum because of the importance of its subject. On July 7, 2005, the Federal Senate of Brazil promulgated legislative decree 780, which authorized the referendum. Article 2 of its decree stipulated that the public consultation should employ the following question: "Should commerce in firearms and ammunition be prohibited in Brazil?" ("O comércio de armas de fogo e munição deve ser proibido no Brasil?"[2])

However, Brazilian Department of Justice (Ministério da Justiça), at the time it performs each individual's mandatory background check (what is made prior every gun acquisition, and every three years after it's acquired, whats allows gun confiscation), have been forbidding almost every citizens to buy guns[3] [1], based on the Executive Order # 5.123, of 07/01/2004 (Decreto n.º 5.123, de 1º de julho de 2004),[4] that allows Brazilian FBI (Polícia Federal) to analize the reasons that motivate a gun acquisition and the will of keeping an acquired gun, in which it's not considered a valid argument "self defense" because, according to them, there are allegedly sufficient and efficient public polices that are in charge of nationwide security, among other reasons of this kind of denial.[5]

Thus, disarmament is real in fact in Brazil,[6] as it's also real massive gun confiscations,[7] notwithstanding it's massive refusal by Brazilian people (at the referendum of 2005) and even though it is considered one of the real causes of the rise in 20% of gun usage rates in homicides in the country, in its nine years of existence (in 2003, people with guns killed 36.115 of the total 60.121 homicides, about 60%, while in 2012, 40.077 homicides of the total 50.108 were made buy the usage of a gun, about 80%).[8]

Results

No: 59,109,265 (63.94%) Yes: 33,333,045 (36.06%)
▲

[citation needed]

Electoral Court
2005 Referendum
Should commerce in firearms and ammunition be prohibited in Brazil?
Count performed at the TSE as of 10:29 October 25, 2005
Overall Results
No Yes Blank Invalid Present Absent
Brazil 59,109,265
(63.94%) 		33,333,045
(36.06%) 		1,329,207
(1.39%) 		1,604,307
(1.68%) 		95,375,824
(78.15%) 		26,666,791
(21.85%)


Results by Region
No Yes Blank Invalid Present Absent
Center-West 4,308,155
(68.60%) 		1,971,506
(31.40%) 		77,222
(1.20%) 		84,354
(1.31%) 		6,441,237
(75.38%) 		2,103,766
(24.62%)
North 4,232,295
(71.13%) 		1,718,131
(28.87%) 		54,106
(0.89%) 		65,419
(1.08%) 		6,069,951
(72.10%) 		2,348,997
(27.90%)
Northeast 13,735,686
(57.51%) 		10,147,793
(42.49%) 		341,464
(1.38%) 		446,868
(1.81%) 		24,671,811
(74.78%) 		8,319,598
(25.22%)
South 11,812,085
(79.59%) 		3,028,661
(20.41%) 		184,090
(1.21%) 		157,011
(1.03%) 		15,181,847
(81.78%) 		3,382,267
(18.22%)
Southeast 25,021,044
(60.31%) 		16,466,954
(39.69%) 		672,325
(1.56%) 		850,655
(1.98%) 		43,010,978
(80.36%) 		10,512,163
(19.64%)


Results by State
No Yes Blank Invalid Present Absent
Acre 221,828
(83.76%) 		43,025
(16.24%) 		2,233
(0.83%) 		3,328
(1.23%) 		270,414
(69.49%) 		118,723
(30.51%)
Alagoas 690,448
(54.86%) 		568,083
(45.14%) 		15,214
(1.17%) 		22,757
(1.76%) 		1,296,502
(73.05%) 		478,412
(26.95%)
Amazonas 839,007
(69.16%) 		374,090
(30.84%) 		9,697
(0.79%) 		12,336
(1.00%) 		1,235,130
(73.16%) 		453,157
(26.84%)
Amapá 181,764
(73.48%) 		65,593
(26.52%) 		1,782
(0.71%) 		2,334
(0.93%) 		251,473
(75.61%) 		81,116
(24.39%)
Bahia 3,448,907
(55.45%) 		2,770,718
(44.55%) 		91,424
(1.42%) 		140,867
(2.18%) 		6,451,916
(72.07%) 		2,500,207
(27.93%)
Ceará 2,090,103
(54.70%) 		1,730,922
(45.30%) 		57,806
(1.47%) 		58,271
(1.48%) 		3,937,102
(76.53%) 		1,207,414
(23.47%)
Distrito Federal 695,328
(56.83%) 		528,169
(43.17%) 		16,249
(1.29%) 		16,434
(1.31%) 		1,256,180
(80.29%) 		308,320
(19.71%)
Espírito Santo 952,056
(56.38%) 		736,510
(43.62%) 		28,458
(1.64%) 		22,512
(1.29%) 		1,739,536
(77.19%) 		513,908
(22.81%)
Goiás 1,776,072
(67.90%) 		839,508
(32.10%) 		36,281
(1.35%) 		41,675
(1.55%) 		2,693,536
(74.39%) 		927,432
(25.61%)
Maranhão 1,565,845
(61.13%) 		995,849
(38.87%) 		31,505
(1.19%) 		48,188
(1.82%) 		2,641,387
(70.72%) 		1,093,744
(29.28%)
Minas Gerais 6,155,748
(61.28%) 		3,889,398
(38.72%) 		174,127
(1.67%) 		208,241
(2.00%) 		10,427,514
(78.28%) 		2,893,108
(21.72%)
Mato Grosso do Sul 820,467
(73.33%) 		298,372
(26.67%) 		11,016
(0.96%) 		12,007
(1.05%) 		1,141,862
(75.87%) 		363,196
(24.13%)
Mato Grosso 1,016,288
(76.89%) 		305,457
(23.11%) 		13,676
(1.01%) 		14,238
(1.05%) 		1,349,659
(72.78%) 		504,818
(27.22%)
Pará 1,894,619
(67.12%) 		928,006
(32.88%) 		27,414
(0.95%) 		31,452
(1.09%) 		2,881,491
(72.04%) 		1,118,372
(27.96%)
Paraíba 1,183,463
(63.14%) 		690,751
(36.86%) 		28,348
(1.47%) 		31,481
(1.63%) 		1,934,043
(78.34%) 		534,590
(21.66%)
Pernambuco 2,296,510
(54.49%) 		1,918,048
(45.51%) 		64,458
(1.48%) 		68,283
(1.57%) 		4,347,299
(76.85%) 		1,309,371
(23.15%)
Piauí 925,883
(62.91%) 		545,828
(37.09%) 		21,065
(1.38%) 		33,377
(2.19%) 		1,526,153
(76.65%) 		464,840
(23.35%)
Paraná 3,988,689
(73.15%) 		1,463,776
(26.85%) 		72,281
(1.29%) 		65,217
(1.17%) 		5,589,963
(80.45%) 		1,358,474
(19.55%)
Rio de Janeiro 5,124,572
(61.89%) 		3,155,897
(38.11%) 		147,610
(1.71%) 		212,872
(2.46%) 		8,640,951
(81.17%) 		2,004,229
(18.83%)
Rio Grande do Norte 938,514
(61.98%) 		575,783
(38.02%) 		18,492
(1.19%) 		24,354
(1.56%) 		1,557,143
(76.99%) 		465,473
(23.01%)
Rondônia 519,425
(78.28%) 		144,117
(21.72%) 		6,043
(0.89%) 		6,326
(0.94%) 		675,911
(70.83%) 		278,397
(29.17%)
Roraima 132,928
(85.00%) 		23,453
(15.00%) 		1,079
(0.68%) 		1,297
(0.82%) 		158,757
(73.49%) 		57,265
(26.51%)
Rio Grande do Sul 5,353,854
(86.83%) 		812,207
(13.17%) 		72,184
(1.15%) 		55,090
(0.88%) 		6,293,335
(82.88%) 		1,300,172
(17.12%)
Santa Catarina 2,469,542
(76.64%) 		752,678
(23.36%) 		39,625
(1.20%) 		36,704
(1.11%) 		3,298,549
(82.01%) 		723,621
(17.99%)
Sergipe 596,013
(62.88%) 		351,811
(37.12%) 		13,152
(1.34%) 		19,290
(1.97%) 		980,266
(78.68%) 		265,547
(21.32%)
São Paulo 12,788,668
(59.55%) 		8,685,149
(40.45%) 		322,130
(1.45%) 		407,030
(1.83%) 		22,202,977
(81.32%) 		5,100,918
(18.68%)
Tocantins 442,724
(75.99%) 		139,847
(24.01%) 		5,858
(0.98%) 		8,346
(1.40%) 		596,775
(71.15%) 		241,967
(28.85%)


See also

Notes

  1. ^ a b "LEI No 10.826, DE 22 DE DEZEMBRO DE 2003". Retrieved 2011-10-06.
  2. ^ "Decreto Legislativo no 780, de 2005". Retrieved 2011-10-06.
  3. ^ http://www.mvb.org.br/pf_desarme.php
  4. ^ http://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2004/Decreto/D5123.htm
  5. ^ https://jus.com.br/artigos/30201/a-ilegalidade-na-negativa-a-compra-de-arma-de-fogo
  6. ^ http://veja.abril.com.br/noticia/brasil/o-estatuto-do-desarmamento-nunca-alcancou-seu-objetivo/
  7. ^ http://www.migalhas.com.br/dePeso/16,MI40623,51045-Renovacao+do+registro+de+armas+de+fogo
  8. ^ http://www.gunpolicy.org/firearms/region/brazil

References

Information (in Portuguese)
Opinions against the referendum (in Portuguese)
Opinions in support of the referendum (in Portuguese)
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