Pepper spray for women: Chamber approves project and defines purchase and use rules

This week, the Chamber of Deputies approved Bill 727/26, which authorizes women to carry pepper spray for self-defense throughout the country. The proposal, presented by deputy Gorete Pereira (MDB-CE), establishes rules for the purchase, possession and use of the device, currently classified as a controlled product.

The text allows women over 18 to purchase and carry the spray. Teenagers between 16 and 18 years old will also be able to use the device, as long as they have formal authorization from their guardians.

To come into force, the measure still needs to pass the Senate and receive presidential approval. The proposal seeks to create a national rule for personal defense equipment, access to which by civilians currently depends on authorization from the Army.

The discussion takes place in a context of high rates of violence against women in Brazil. Survey by the Brazilian Public Security Forum (FBSP) indicates that 1,568 women were victims of femicide in the country in 2025an increase of 4.7% compared to the previous year. The study also points out that, Between 2021 and 2025, records of this type of crime grew by 14.5%highlighting the persistence of gender-based violence in the country.

Who can buy pepper spray?

The project defines some conditions for purchasing the product.

Women of legal age will be able to purchase the spray upon presentation of an identity document and proof of residence. They must also declare that they have no convictions for intentional crimes involving violence.

In the case of teenagers between 16 and 18 years old, the purchase will depend on express authorization from their legal guardians.

Another point provided for in the text is that the product must meet the sanitary and technical standards applicable in the country, including regulations by the National Health Surveillance Agency (Anvisa).

When can the spray be used, and what happens in case of abuse

The proposal limits the use of pepper spray to situations of self defensewhen there is a real or imminent risk to the woman’s physical integrity.

In these circumstances, the device may be used to interrupt or ward off an attack. The text establishes that the reaction must only occur while the threat lasts, following the principle of proportionality.

If the spray is used outside of these hypotheses, such as in fights or conflicts without risk to physical integrity, the project provides for penalties. Among the sanctions is the imposition of a fine that can vary from one to ten minimum wagesin addition to other punishments provided for in legislation (such as criminal liability) depending on the case.

Current situation of pepper spray in Brazil

Today, pepper spray is officially considered an “instrument with less offensive potential”, but its use by civilians is not completely free.

Current legislation treats the product as a controlled item. Theoretically, possession depends on authorization from the Army, although public security forces use it widely.

In recent years, some states have started to discuss ways to expand access to the device as a self-defense tool, especially given the high rates of violence against women.