Practice Relating to Rule 74. Chemical Weapons
Brazil’s Chemical Weapons Law (2005) states:
Article 1. Under penalty of administrative or criminal sanctions provided for in the law, and without prejudice to other applicable penalties, no natural or legal person shall:
I - carry out in Brazil an activity prohibited by the  … Chemical Weapons … Convention … ;
II - contribute to carrying out, in Brazil or abroad, an activity prohibited under the … [1993 Chemical Weapons Convention];
Article 4. It is a crime:
I - to use chemical weapons or to carry out in Brazil an activity which involves research, production, stockpiling, acquisition, transfer, importation or exportation of chemical weapons or chemical substances covered by the … [1993 Chemical Weapons Convention] with the aim of producing such weapons;
II - to contribute, directly or indirectly, by action or omission, to the use of chemical weapons or to carrying out, in Brazil or abroad, an activity mentioned in item I[.]
Penalty – imprisonment of between one to ten years.
At the 1985 and 1988 sessions of the Conference on Disarmament, Brazil stated that it “does not possess and does not intend to develop, produce or stockpile” chemical weapons.
In 1993, the permanent representative of Brazil to the UN in Geneva stated: “Since the time when chemical weapons were first used, the Brazilian Government has consistently argued against the use of these and all other inhumane means of warfare.” He added: “The word ‘inhumane’ is employed here, in accordance with common usage, to mean weapons that cause unnecessary devastation and suffering.”
At the First Conference of States Parties to the Chemical Weapons Convention in 1997, Brazil emphasized the importance of the 1993 Chemical Weapons Convention and stated its commitment and its determination to contribute actively to the realization of the Convention’s aims. It reconfirmed its good intentions by once more emphasizing its commitment to global chemical disarmament.
In 2005, Brazil’s president adopted the National Defence Policy, which states: “Brazil supports an international order based on … the prohibition of chemical … weapons”.