A impossibilidade constitucional de alteração da maioridade penal: análise do art. 228 da Constituição Federal de 1988 à luz dos direitos fundamentais

Abstract

The reduction of the criminal majority is subject in vogue at the current moment of crisis in the public security that the society is living deeply. The increasing violence, practiced in many cases for minor people, has taken many to defend the reduction of the criminal majority, as form to restrain the violence and crime caused by the adolescents. However, before arguing if the alluded reduction of the criminal majority youthful crime would be a really efficient measure in the combat , is demanded to make an analysis of the question, specifically, legal, that is, of the possible unconstitutionality that would stain any alteration in the article 228 of the Federal Constitution, since the same brings a basic individual guarantee, being, then, a clause of nature of stony clause, not being able, therefore, to be modified not even by constitutional emendation. Ahead of this, the present monographic work, is only lingered in this legal question, that is, the analysis of the nature of the already cited constitutional article, not having as object the study on the benefits or curses brought for the reduction of the criminal majority in Brazil, and not even a positioning on this question. In short, what this work searchs is the definition of the legal question that must, necessarily, precede the quarrel on the reduction or not of the criminal majority, showing that any alteration that ends in the restriction of a basic individual right, will be impossible, rank that will be contaminated of most complete unconstitutionality.