Referendum concerning the prohibition of the sale of firearms and ammunition
Encyclopedia
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.") 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). 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?") Voters could choose to answer this question "yes" or "no", to leave the ballot blank, and to invalidate their previous votes.
Among the world's countries, Brazil has the second largest number of people murdered annually by firearms, second to Venezuela
; each year about 39,000 people in Brazil are shot to death. However, worldwide statistics do not show unambiguously whether this number would be reduced by the prohibition of the sale of firearms and ammunition.
would. Citizens voted in their respective electoral districts by electronic ballot.
Voting was obligatory for those over 18 and optional for those voters between 16 and 18 or over 70. Voters were required to vote within their districts, unlike the 1993 referendum
. Voters who were outside their district on the day of the referendum were to justify themselves with a Petition for Electoral Justification and to submit it at their nearest polling station. Citizens abroad were not allowed to vote. Violators would be assessed a fine of about R$
4.00).
The usual prohibition of campaigning on the day of the election was in effect.
Some states of Brazil banned the sale and consumption of alcoholic beverages during the day of the vote.
predicted a victory for "No" with 55% of the vote, and Datafolha
projected that the result would be 57% to "No". Both surveys had a margin of error
of 2%.
Opinions against the referendum (in Portuguese)
Opinions in support of the referendum (in Portuguese)
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
held a country-wide referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
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
Ammunition
Ammunition is a generic term derived from the French language la munition which embraced all material used for war , but which in time came to refer specifically to gunpowder and artillery. The collective term for all types of ammunition is munitions...
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.") 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). 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?") Voters could choose to answer this question "yes" or "no", to leave the ballot blank, and to invalidate their previous votes.
Among the world's countries, Brazil has the second largest number of people murdered annually by firearms, second to Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
; each year about 39,000 people in Brazil are shot to death. However, worldwide statistics do not show unambiguously whether this number would be reduced by the prohibition of the sale of firearms and ammunition.
Procedure
The referendum took place much as a normal Brazilian legislative or executive electionElections in Brazil
Brazil elects on the national level a head of state – the president – and a legislature. The president is elected to a four-year term by the people. The National Congress has two chambers. The Chamber of Deputies has 513 members, elected to a four-year term by proportional...
would. Citizens voted in their respective electoral districts by electronic ballot.
Voting was obligatory for those over 18 and optional for those voters between 16 and 18 or over 70. Voters were required to vote within their districts, unlike the 1993 referendum
Brazilian constitutional referendum, 1993
The 1993 Brazilian constitutional referendum was held on April 21, 1993 to determine the form of government of the country. After the re-democratization of Brazil, an amendment in the new Constitution determined the holding of a referendum for voters to decide if the country should have a...
. Voters who were outside their district on the day of the referendum were to justify themselves with a Petition for Electoral Justification and to submit it at their nearest polling station. Citizens abroad were not allowed to vote. Violators would be assessed a fine of about R$
Brazilian real
The real is the present-day currency of Brazil. Its sign is R$ and its ISO code is BRL. It is subdivided into 100 centavos ....
4.00).
The usual prohibition of campaigning on the day of the election was in effect.
Some states of Brazil banned the sale and consumption of alcoholic beverages during the day of the vote.
Results
The final electoral results were roughly as projected by surveys conducted by principal Brazilian research institutions in the week before the referendum. The Brazilian Institute of Public Opinion and StatisticsIBOPE
IBOPE was established in Brazil in 1942 and provides the largest collection of information in Brazilian and Latin American markets...
predicted a victory for "No" with 55% of the vote, and Datafolha
Folha de S. Paulo
Folha de S. Paulo, known simply as Folha , is a Brazilian daily newspaper founded and continuously published in São Paulo since 19 February 1921. Owned by the Frias de Oliveira family since 1962, it has Brazil's largest circulation since 1986. Alongside O Globo and O Estado de S...
projected that the result would be 57% to "No". Both surveys had a margin of error
Margin of error
The margin of error is a statistic expressing the amount of random sampling error in a survey's results. The larger the margin of error, the less faith one should have that the poll's reported results are close to the "true" figures; that is, the figures for the whole population...
of 2%.
| No: 59,109,265 (63.94%) | Yes: 33,333,045 (36.06%) | ||
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Finances of the campaigns
After the referendum, the blog of a journalist at the Folha de S. Paulo revealed the main financial contributors to the two sides of the campaign:- "No" received most donations from TaurusTaurus (manufacturer)Forjas Taurus is a manufacturing conglomerate based in Porto Alegre, Brazil. Beginning as a tool and die manufacturer, the company now consists of divisions focusing on firearms, metals manufacturing, plastics, body armor, helmets, and civil construction.-History:Taurus produced its first...
(R$2.4 million) and the Companhia Brasileira de CartuchosCompanhia Brasileira de CartuchosCompanhia Brasileira de Cartuchos is one of the largest ammunition manufacturers in the world based in Ribeirão Pires, São Paulo, Brazil.- Overview :...
(Brazilian Cartridge Company) (R$2.6 million), manufacturers of guns and ammunition, respectively. - The "no" campaign stayed on top financially, spending only what it received in donations.
- "Yes" had as its main contributors the beverage company AmbevAmBevAmbev formally Companhia de Bebidas das Américas is a subsidiary of global brewing company Anheuser-Busch InBev and is the biggest brewery in South America and the fifth in the world...
(around R$400,000), the Confederação Brasileira de Futebol (R$100,000), and the Prestadora de Serviços Estruturar (R$400,000), with a total of R$2.4 million in donations. - The "yes" campaign had a deficit of R$320,000.
External links
Information (in Portuguese)- Resultado Oficial
- Instruções e Resoluções do TSE
- Tire suas dúvidas sobre o Estatuto do Desarmamento
- Referendo Sobre o Desarmamento
- Comunicação do Senado
- Pesquisa do Datafolha
- Lei que regulamenta a execução dos meios de soberania popular previstos no artigo 14 da Constituição Federal
Opinions against the referendum (in Portuguese)
- PSTU - Vote Não! Pelo direito à autodefesa dos trabalhadores!
- Referendo da Fumaça, Revista Veja, 05/10/05
- Portal Nosso São Paulo - Diga "não" à Mentira e à Hipocrisia
- A Farsa do Desarmamento
- Charges
- Mídia sem Máscara
Opinions in support of the referendum (in Portuguese)