Law allows police officer who killed a fighter to carry a gun during off-duty; understand

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Eight-time jiu-jitsu world champion Leandro Lo was shot dead last weekend during a show in São Paulo. The aggressor is Henrique Otávio Oliveira Velozo, a military police officer who was off duty. He is arrested.

According to police information, Lo would have been involved in an argument at Clube Sírio, in the south of São Paulo, last Saturday night (6), knocking down the policeman, who would have provoked him. Velozo then shot the fighter in the head and kicked him twice to the ground. After the act, he fled the scene.

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The incident raised a debate about the carrying of weapons by police even in their spare time.

The Disarmament Statute (law n° 10,826, of 2003) prohibits the carrying of firearms throughout the national territory. The exception is cases provided for in specific legislation and public security agents (including police officers) or private security and members of the Armed Forces.

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Criminal lawyer Leonardo Pantaleão, professor of Criminal Law and Criminal Procedure, explains that “the possession of a firearm is inherent to the function of a military police officer, aiming at the security of the PM himself and also of other citizens, whether he is on duty or not” .

The specialist points out, however, that, even when off duty, the agent needs to carry documents for the legalization of the weapon and that identify him as a police officer.

“There is no impediment for him to enter or remain armed in places where there are agglomerations of people”, he highlights. The existing restriction is for the “ostensible driving of the weapon”, such as displaying the artifact, for example.

“Ideally, there would be no carrying a weapon off duty by a police officer who is having fun, in a closed environment, where there are a large number of people and there is a possibility that individuals are in a state of intoxication. But this is a recommendation, there is no prohibition”, says Pantaleão.

The lawyer also notes that there is no mandatory registration of entry with a firearm in these cases, but that some establishments do this control on their own.

In the case of Clube Sírio, a photograph was taken of each of those who entered the place with a weapon, which helped the witnesses to recognize Velozo.

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Pantaleão explains that possession of a weapon corresponds to “registration and authorization for the individual to buy and have a firearm, as well as ammunition, at home or at work, provided that he is legally responsible for the establishment”.

Possession of a weapon does not authorize the individual to carry the weapon in other places.

In order for the citizen to obtain the artifact, it is necessary to meet certain requirements, such as a minimum age of 25 years, legal occupation and fixed residence, in addition to undergoing a technical and psychological assessment.

Possession of weapons is the “authorization for an individual to carry a weapon outside his/her home or place of work”, according to the professor.

Once again, the Disarmament Statute allows carrying for public security agents, members of the Armed Forces and private security agents.

Police officer arrested and charged

Henrique Velozo presented himself to the Military Police Internal Affairs on Sunday (7), being taken to a police station to give a statement. After a custody hearing on Monday (8), the Justice maintained the temporary detention of 30 days. He was sent to the Romão Gomes Military Prison in São Paulo.

According to information from the Secretary of Public Security (SSP), the PM was indicted for murder for a futile motive. The case remains under investigation at the 16th DP, in Vila Clementino.

In 2021, Velozo was sentenced to nine months in open prison after being involved in a disagreement at a nightclub. The case happened in 2017.

At the time, the military police were called, but he was “nervous and excited”. At one point during the approach, he punched one of the agents in the arm and tried to hit him in the face.

THE CNN failed to locate Velozo’s defense.

Mother’s Burial and Tribute

Lo’s body was buried this Monday (8) at the Morumby Cemetery, in the south zone of the capital of São Paulo. At the request of the family, as a form of tribute, several people attended wearing kimonos of different colors and gyms. Family, friends and admirers of the fighter were present.

Leandro Lo was 33 years old and, in addition to eight world championships, he was champion in the South American, World Cup and Pan American, Brazilian and European championships.

What does the SSP say?

wanted by CNN the SSP reiterated that the Disarmament Statute “provides for the general commanders of the military police to regulate the use of weapons by police officers off-duty at events”.

“The military police officer must not carry the weapon ostensibly, he must first inform the local police, if any, providing name, rank or rank, unit and identification of the weapon; in private events, if requested, he must pass this information to event security. PMs can carry weapons, but they are not required to carry them everywhere. The carrying of weapons by the military police depends on an assessment of personal risk, in compliance with the rules provided for in the decree of the general commander of the PM”, says the secretary.

In the case of the Civil Police, the folder adds, there is an ordinance that “establishes that the civil police officer, by reason of his institutional functions, is authorized to carry a firearm owned by the Civil Police, or provided by the Civil Police, on duty or off duty. , in a public or private place, even if there is an agglomeration of people, in an event of any nature, such as inside churches, public schools, sports stadiums and clubs, throughout the national territory”.

“The civil police officer is not obliged to hand over his weapon or respective ammunition as a condition for entering a public or private place. Agents must follow the provisions of the Ordinance and relevant legislation (article 6, item VI of Law No. 10,826 of December 22, 2003), responding in the criminal, civil and administrative spheres, for any excesses”, he concludes.

*With information from Giulia Alecrim, Laura Slobodeicov, Maria Augusta Messias, João Pedro Malar, Lucas Schroeder, Marcello Sapio, Carolina Figueiredo and Júlia Vieira, from CNN

Source: CNN Brasil

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