consultation phase, which should last for a minimum period of 30 days, is intended to provide an opportunity
stakeholders are given an opportunity to participate in the creation of SENASP technical standards through the
for a broader review of standards by all relevant stakeholders. Early consultations on some of the first draft
public consultation phase, the initial development of the standards is conducted almost entirely by individuals
standards published by SENASP, including one on electric shock weapons, have involved the publication of a
affiliated with law enforcement agencies. Given that Pro-Seguranca is a relatively new programme, it is too
preliminary text on the MJSP’s website, where individuals are able to express their support or objection to a
soon to judge the extent to which public comments on draft standards are able to significantly impact their
proposed standard and make suggested changes to the text. It is then the responsibility of SENASP to respond
development. Nevertheless, greater involvement of stakeholders from civil society, including human rights
to public feedback as necessary. Following the public consultation phase, a consolidated document is then
and legal experts, at an earlier stage would help to ensure that a focus on human rights and public safety
published as a SENASP technical standard.
is maintained. Finally, according to the text of the ordinance, SENASP will only consider the development of
In order to be certified, products or services must be tested to ensure compliance with the requirements of the
relevant standard. According to the ordinance, these procedures must be conducted by a quality certification
body and/or laboratory accredited by the National Institute of Metrology, Quality and Technology (Inmetro).
Once established, the technical standards developed by SENASP will need to be observed during the procurement
of any relevant type of law enforcement equipment, where the body involved uses ‘financial resources from the
General Budget of the Union, including those of the National Security Public Fund’. However, in circumstances
where the budgetary resources used to procure the equipment are not federal in origin, the ordinance notes
that adherence to the standards will be optional only.
standards and requirements for products designated as ‘controlled products’ (PCE) under the terms of Decree
No. 10,030. In practice, this means the programme will not develop standards related to the manufacture and
selection of restraints or handheld kinetic impact weapons, since neither of these are designated as controlled
products.
Although it is beyond the scope of this report to outline detailed recommendations for the technical specification
of all types of equipment used by Brazilian law enforcement, taking the work of SENASP into consideration,
the sections below examine in more detail the types of equipment currently manufactured by the Brazilian
companies, indicating the types of technical features which should be considered when developing standards
related to their performance and safety. In doing so, these sections also highlight a number of Brazilian
At the time of writing, SENASP has published one standard related to the technical specification of ‘Pistols,
manufactured products of concern, including some which Omega considers as inherently abusive, and whose
calibre 9x19mm and .40 S&W’ and is in the process of developing another related to electric shock weapons
manufacture and use should therefore be strictly prohibited.
or what the standard itself terms ‘Electro-Electronic Neuromuscular Incapacitation Weapons’. Responding to
a request for information from Omega, SENASP also confirmed that it was planning to develop standards on
rifles and carbines and ballistic vests in the near future and that, standards on other types of law enforcement
equipment and weapons would be published in 2021 and 2022.
Although the Pro-Seguranca programme is still in the early stages of its implementation, it is clear from
the programme’s procedures and scope, that it is a positive development which has the potential to help
improve the safety and quality of the equipment and weapons used by law enforcement officials in Brazil. The
requirement that draft standards be subject to public consultation is particularly commendable and should help
to ensure greater transparency and scrutiny of the process.
Nevertheless, an initial analysis of the programme’s design and early implementation does highlight some areas
of concern . Firstly, although the stated objective of Pro-Seguranca is to ‘contemplate minimum requirements
for safety, quality and performance of equipment’, Ordinance No. 104 does not specify explicitly whose safety
the standards process is designed to enhance. Specifically, the text of the ordinance does not make clear
whether the standards developed are intended to minimise the risk of malfunctioning equipment injuring
law enforcement officials or to enhance public safety by ensuring that the weapons and equipment used are
capable of achieving likely operational objectives with the minimum force necessary. Indeed, ‘human rights’
is not referred to anywhere in the text. Secondly, although members of civil society and other independent
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3.1.1 Chemical Irritants
Given the diversity of chemical irritant weapons currently manufactured for use by law enforcement,
multiple factors need to be considered during their selection, and these can vary significantly depending on
the type and design of the device in question. The risks associated with chemical irritant devices are, first and
foremost, determined by the toxicity and concentration of the chemical agent used and the quantity delivered.
However, the potential danger of chemical irritant projectiles can also be affected by their kinetic energy and
accuracy, while the level of risk involved in the use of chemical irritant grenades may vary depending on their
explosive energy. Chemical irritant sprays also present a risk from the pressure of the contents, the solvents
used or whether solid agent is expelled – all of which could potentially cause eye injuries.
Despite their widespread use by law enforcement around the world, there currently exist no international
standards which effectively regulate the chemical agent concentration, quantity delivered or design of chemical
irritant weapons82. As such, in order to ensure that chemical irritant weapons can be used in accordance with
international human rights standards, it is essential that they are rigorously and independently tested prior to
their selection, procurement and deployment. At a minimum, these tests should assess the risks posed to the
target, for example through the toxicity and quantity of the irritants used; the accuracy and kinetic energy
of projectiles; or the explosive energy of grenades where appropriate. Assessments should also be made to
determine the risk and effects on individuals or groups who may be especially vulnerable, such as children, the
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