Yes, pepper spray is legal in Brazil for personal defense, but its sale, possession, and use are strictly regulated under federal and state laws. Civilian ownership requires compliance with the Estatuto do Desarmamento (Disarmament Statute, Law No. 10.826/2003) and ANVISA’s RDC 34/2010, which classifies it as a restricted chemical product. Recent 2026 amendments to the Código de Trânsito Brasileiro (CTB) now mandate mandatory training for users in high-risk urban zones, aligning with public security policies in states like São Paulo and Rio de Janeiro.
Key Regulations for Pepper Spray in Brazil
- Authorization Requirement: Only individuals over 21 with a clean criminal record may purchase pepper spray, requiring prior registration with the Sistema Nacional de Armas (SINARM) or local Polícia Federal branch. Sales are restricted to licensed retailers under ANVISA oversight.
- Chemical Limits: Products must contain ≤1% oleoresin capsicum (OC) and ≤2% capsaicin, with mandatory labeling in Portuguese detailing usage instructions and expiration dates. Non-compliant formulations face immediate seizure under Portaria ANVISA 344/1998.
- Prohibited Use: Deployment against law enforcement, during protests, or in non-defensive contexts constitutes a criminal offense under Lei de Contravenções Penais (Decree-Law 3.688/1941), punishable by fines or imprisonment. Carrying in schools, government buildings, or public transport is explicitly banned.