Discussed in 70% of states, women’s use of pepper spray unites left and right under expert warning

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The most advanced proposal is the Amazonas proposal, where the change in legislation has already been approved and even approved. Thus, as of December 15, the state will allow the sale of electroshock weapons, or so-called tasers, under the pretext of increasing protection for women.

– Women must take a course in correct and safe use with certified trainers from state security agencies who will be responsible for carrying out periodic inspections of the concessions. They also have to prove they reside in Amazonas, have no criminal record and submit a psychological evaluation report proving their employability, said state Rep. Felipe Souza (PRD), author of the proposal.

Until then, pepper spray was considered a controlled product, with manufacturing, marketing, and use by the military licensed throughout the country. Since at the end of November Governor Claudio Castro (PL) allowed the sale of this substance to women in Rio Grande do Sul, parliamentarians from Rio Grande do Sul, Santa Catarina, Mato Grosso do Sul, Paraiba, Paraná and Espírito Santo have introduced texts with similar content in their respective legislatures.

In Rio, purchasing criteria have been established, such as being over 18 years old, presenting a photo ID, and respecting a limit of up to two units per person per month, among other rules. Sales must be made exclusively in pharmaceutical establishments, and products must have a maximum concentration of 20%. The government may also provide the spray free of charge to women victims of domestic violence with preventive action.

The Rio de Janeiro initiative was prepared by Representatives Sara Poncio (Popular Party), Rodrigo Amorim (Uniao), Tia Jo (Republicans), Guilherme Delaroli (Liberal Party), Dionisio Lens (Popular Party) and Marcelo Dino (Uniao), all representatives of the right. However, this topic also has the support of the left: in Rio Grande do Sul, the author of the project is state representative Luciana Género (PSOL).

— We are seeing an epidemic of femicide in the state, and any action that can increase women’s safety is important and should be discussed. The idea isn’t to confront the attacker with pepper spray, but to buy time to escape and save her life, she thinks.

Even before Rio, discussion about this artifact had already progressed elsewhere. In Piaui, a project proposal was approved in April allowing women to carry plant extract sprays. The text was sent to the state’s governor, Rafael Fonteles, who has since analyzed the issue. He may approve it and return it to the Council as a proposal to be voted on again, before it becomes law, or he may abandon the initiative.

This was the position of the Governor of the Federal District, Ibanes Rocha (MDB), who objected to the proposal approved by the local chamber at the end of 2024. In his justification, he claimed that the measure violates the federal competence to legislate on the subject.

The issue of marketing plant aerosols for personal defense purposes is also being discussed at the national level, with 13 bills currently being processed in the House of Representatives. Some of them suggest selling the item for free, while others suggest selling it only to women or victims of domestic violence with a protective measure. This is, for example, the proposal of federal representative Silvi Alves (Uniao-GO), author of one of the texts:

– Without detracting from what was approved in Rio, my project is more comprehensive. Taking into account the social and psychological aspects and the need to own a stun gun as well. And it is not random trade, but with serious regulation, so that we do not have people who do not need access to these devices. It must be true so that we can protect women, because lately protection measures alone no longer solve the problem, but rather the state is failing.

‘It may bring more risks’

However, Reserve Colonel of the Military Police of the Federal District and specialist in the use of force, Paulo Roberto Oliveira, warns that pepper spray and especially stun guns require training and qualification to avoid inappropriate use – and potentially dangerous use for those carrying this item:

— There are specific techniques for this equipment and strict procedures that must be observed due to its potential to cause injury to people. Without proper guidance, it can bring more risks than benefits.

In early November, in São Paulo, university student Beatriz Munhos was shot dead after responding to a robbery by spraying pepper spray on the criminal. When he was arrested inside Bahia, where he fled, the suspect claimed, according to police, that he shot himself “out of fear” after receiving the substance.

Jiu-jitsu fighter, Kyra Gracie, who won the world championship eight times and now works as a women’s self-defense coach, does not rule out the use of the spray, but also points out that its use must be technical and strategic.

— Avoid confined environments, where gas could return to the user; Keep the spray close at hand and not in the bottom of the bag; Activated only when there is a real threat and possibility of escape after use; Never use ‘on impulse’ – spray should be one of your last options – says Gracie. — It is important to stress that no tool replaces attention, anticipation, and risk reading, which is always the best form of defence.

Marcia Denis, president of the Rio Society of Criminal Lawyers (Sacerj), stresses that the sale of sprays and electroshock weapons is not permitted. According to her, this measure, in addition to not ensuring protection for women, also shifts responsibility for their safety to the victim of aggression: