On December 23, 2024, Brazil enacted Decree No. 12,341, which prescribes when and how police may use firearms and less-than-lethal weapons. The decree’s stated objective is to foster “effectiveness, openness, respect for professionals, and adherence to human rights.” (Art. 1.)
The purpose of Decree No. 12.341 is to enhance the effectiveness of Law No. 13,060, of December 22, 2014, which governs the use of less offensive weapons by police throughout the national territory.
Content of the Decree
Decree No, 12,341 establishes mandatory guidelines for the use of force, including legality, need, proportionality, and nondiscrimination. (Art. 2.) The guidelines specify that:
- Force may only be used within the strict limits of the law.
- Law enforcement must take steps to prevent or minimize the use of force and to mitigate harm.
- Force may only be used when other options are insufficient.
- The level of force used must be compatible with the seriousness of the threat posed and the legitimate objectives of the police.
- Police will be held responsible for the inappropriate use of force, subject to an investigation process, respect for due process, and adversarial proceedings.
- Police must act in a non-discriminatory manner with respect to race, ethnicity, gender, sexual orientation, language, religion, disability, etc. (Art. 2 (sole para.).)
The decree requires that police use guns only as a last resort, and to apply force responsibly and cautiously, considering the gravity of the situation. (Art. 3.)
The decree establishes standards for professional training, including yearly training requirements on procedures for the appropriate use of different types of firearms and less offensive instruments. (Art. 4.)
It requires that the ministry of justice and public security implement standardization of procedures, provide consultation with public security agencies, conduct impact assessment research, and publish national data on the use of force. (Art. 5.)
Public security agencies are obligated to establish standards on the use of force, ensure the mental health of professionals involved in high-risk incidents, and establish oversight mechanisms, including ombudsman offices, to ensure transparency, provide reporting channels, and otherwise address the decree’s requirements. (Art. 6.)
In addition, the decree requires the minister of justice and public security to establish a national committee to monitor and evaluate the decree’s implementation. (Art. 8.)
Eduardo Soares, Law Library of Congress
April 9, 2025
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