"Racism, Whiteness and Coloniality of War Power: the criteria for granting possession of firearms in the Disarmament Statute (Law n. 10.826/2003)".
Law 10.826/2003Disarmament Statute; Racism; Whiteness; Coloniality of war power
This work has aimed to propose a relationship between racism, whiteness, and the requirements for granting possession of firearms conducted by Statute of Disarmament (Law 13,826/2003). It is a qualitative research whose methodological aspects concern literature review and documentary search. Regarding the literature review, we have focused on modernity/coloniality, and slavery as well as concerning victimization by firearms in Brazil. The main interest is to identify and discuss how the management of gun license/possession has been the core of the structure of the modern project of coloniality. Regarding documentary search, it has encompassed the Annals of National Constitutional Assembly (1987/88), and the Statute of Disarmament and their regulatory decrees. The former aim to present and discuss the main aspects of the debate embracing criminality, racism, acquisition, and possession of firearms. Plus, it is clustering as well the legal and legislative discourses delivered before the endorsement of Law 10,826/2003, and the provisions of this Law as well as the unspecific moral requirements and the discretion and selectivity when the concession to acquisition and possession of firearms in Brazil. We proposed a theoretical-methodological dialogue among Critical Theory of Race, Studies of Whiteness, and Critical Studies of Discourse to analyze all the corpus. This work allows for deducing that provisions of the Statute of Disarmament (and their regulatory decrees) are filled with unspecific moral requirements that imply discretion and selectivity from the administrative authority relating to warlike authorization. Requirements such as income, place of residence, proof of moral repute, and lack of police investigation or criminal process contain a moral load from the view of whiteness and then imply the racial filter and control in Law enforcement. By these means, the acquisition and possession of firearms in Brazil is a racial privilege, in effect, the legal framework that regulates all the use of firearms assists the whiteness’ yearnings for the warlike system. It has a relevant impact on the management of deaths of the black population in Brazil.