Texto regulamenta venda, define regras de uso e cria programa de capacitação; proposta segue para o Senado
POR JULLYA BORGES – AGÊNCIA BRASIL 61
A Câmara dos Deputados aprovou um Projeto de Lei que regulamenta a venda e o uso de spray de pimenta ou de extratos vegetais para autodefesa de mulheres. A proposta será enviada para análise do Senado Federal.
De autoria da deputada Gorete Pereira (MDB-CE), o Projeto de Lei 727/26 foi aprovado com substitutivo da relatora, deputada Gisela Simona (União-MT).
Segundo o texto, mulheres maiores de 18 anos poderão comprar o spray. Adolescentes entre16 e 18 anos também poderão adquirir o produto, mediante autorização expressa de responsável legal. O dispositivo deverá ter aprovação da Agência Nacional de Vigilância Sanitária (Anvisa) e seguir padrões técnicos e de segurança definidos pelo Poder Executivo.
Comando do Exército
Após negociações com parlamentares, a relatora incluiu regra para o uso da substância Oleoresina Capsicum (O.C.), presente na composição de sprays de pimenta.
Quando esse componente for utilizado, o fabricante deverá seguir as normas do Comando do Exército, já que a substância é considerada de uso restrito.
De acordo com a relatora, retirar o O.C. do spray tornaria o dispositivo ineficaz para a defesa pessoal. A substânciaprovoca inflamação imediata das mucosas, fechamento involuntário dos olhos, tosse, dificuldade para respirar e ardência intensa na pele.
O Projeto considera o spray um instrumento portátil de menor potencial ofensivo. Mesmo assim, recipientes com capacidade superior a 50 mililitros continuarão restritos às Forças Armadas do Brasil, aos órgãos de Segurança Pública e a Instituições responsáveis pela proteção de autoridades.
Requisitos
Para comprar o spray, a proposta estabelece alguns requisitos:
- documento oficial de identificação com foto;
- comprovante de residência fixa;
- autodeclaração de inexistência de condenação criminal por crime doloso cometido com violência ou grave ameaça.
O vendedor deverá manter, por cinco anos, registro simplificado da venda com dados do comprador e da pessoa que terá a posse do produto, seguindo normas da Lei Geral de Proteção de Dados. O objetivo é permitir a rastreabilidade do dispositivo.
Além disso, o estabelecimento deverá emitir documento fiscal e fornecer orientações básicas sobre o uso correto, seguro e responsável do spray.
Programa de capacitação
O texto também cria um Programa Nacional de Capacitação voltado às mulheres para orientação sobre defesa pessoal e uso de instrumentos de menor potencial ofensivo.
Entre as diretrizes do Programa estão:
- realização de oficinas de defesa pessoal e instruções técnicas sobre o manuseio do spray;
- orientação sobre os limites legais da legítima defesa;
- divulgação de informações sobre o ciclo da violência doméstica e canais de denúncia;
- campanhas educativas sobre o uso responsável do dispositivo.
A implementação do Programa dependerá de regulamentação específica, disponibilidade orçamentária e convênios com entidades parceiras.
Uso e penalidades
O spray deverá ser de uso individual e intransferível enão poderá conter substâncias de efeito letal ou de toxicidade permanente.
Para que o uso seja considerado legal, a mulher deverá empregar o dispositivo apenas para repelir agressão injusta, atual ou iminente, de forma proporcional e moderada, até a neutralização da ameaça.
O Projeto prevê penalidades em caso de uso indevido:
- advertência formal quando não houver lesão ou risco concreto à pessoa atingida;
- multa de um a dez salários mínimos, conforme a gravidade da conduta;
- multa em dobro em caso de reincidência;
- apreensão do dispositivo e proibição de nova compra por até cinco anos.
Caso o spray seja roubado, furtado ou perdido, a possuidora deverá registrar ocorrência policial em até 72 horas após tomar conhecimento do fato.
Estatuto do Desarmamento
O Projeto também inclui no Estatuto do Desarmamento (Lei 10.826/03) dispositivo que isenta esse tipo de spray dos controles mais rigorosos aplicados a armas letais quando ele for adquirido, possuído e portado por mulheres conforme as regras da futura Lei.
A proposta tem como objetivo ampliar mecanismos de proteção contra agressões físicas e sexuais. O texto segue agora para análise do Senado.
Foto: Björn Hansson/Wikimedia
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