Da incompetência da Agência Nacional de Aviação Civil- ANAC em restringir o porte de armas de Policiais Militares em voo nacional

• Autor(a) principal: Junior, Luís Carlos Crescêncio Junior
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5814
• topic: Resolução; Porte de armas; Ilegalidade

This work has as its general objective the analysis of the (in) competence of the National Civil Aviation Agency - ANAC in restricting the possession of weapons of military police in national flight, against the normative trunk that authorizes the carrying of arms of the public security agents foreseen. Article 144 of the Federal Constitution. The Board of the National Civil Aviation Agency - ANAC, on January 25, 2018, based on article 11, item V, of Law No. 11.182, of September 27, 2005 issued Resolution No. 461/2018, in which, among In other provisions, it has modified, in order to restrict, the armed embarkation procedures of public agents linked to the public security of several institutions, including the Military Police of the 27 States of the Federation and Federal District. The changes, innovating the way in which such armed servants should be shipped, have now forced Military Policemen (along with other civilian police, federal highway officers) to hand over their firearm to the airline differently. previously foreseen, which consisted only of the obligation to disengage the firearm for boarding civil aircraft. In this work, research on the exploratory level is adopted, as it aims at a basic understanding of the issues that one wants to have a minimum control over the possession of weapons. The approach will be qualitative, because it depends on many factors, such as jurisprudential, doctrinal and normative understanding that guide the investigation. As for the procedure will be documentary and bibliographic, due to the analysis of the laws that discuss the possession of weapons of military police in light of resolution 461/18 of the National Civil Aviation Agency. We can thus conclude that the Military Police of the State of Santa Catarina cannot be curtailed by virtue of a resolution, as the law guarantees them the possession of firearms, and save by express provision of a law or, minimum, a decree aimed at regulating and interpreting the law, there is no need to speak of prohibition, under penalty of seeing one of the fundamental rights (Art. 5º, II of CRFB/88) defiled through the illegal act formalized in the body of the resolution 461/18.