A (im) possibilidade de redução da maioridade penal à luz do ordenamento jurídico brasileiro

Abstract

The present work is dedicated to analyzing, making use of the deductive and qualitative method, using bibliographic research in books, articles, scientific journals, consultation of virtual sites, Brazilian legislation and documentary research, the impossibility of reducing the age of criminal responsibility in the light of the Brazilian legal system. In the first chapter, the historical evolution of the rights of infants was studied, using the criteria for identifying non-imputability, until the enactment of Law n. 8.069/90, Statute of Children and Adolescents, , in which he consolidated the doctrine of integral protection in which children and adolescents came to be seen as masters of rights and not just as mere objects of the state in need of protection. In the second chapter, the principles that govern the protection of children and adolescents and previous failure of such principles were analyzed, especially with regard to the Doctrine of Integral Protection. The third chapter discussed the Proposal for a Constitutional Amendment nº 171/93 to reduce the age of criminal responsibility and the tendentious and populist arguments used for its approval. In the fourth chapter, the international treaties and conventions that Brazil joined to carry out the protection of the minor and the comparative law in relation to the criminal majority were explored. In the end, with the exposition of the results of the research, it was concluded that the reduction of the criminal majority is not viable, as it affronts constitutional clauses, in addition to not being the solution to the wave of violence carried out by young offenders, given that it is necessary, first, to put the ECA's socioeducational measures into practice and give children and adolescents the right to experience all the principles that govern their protection, so that such criminal attitudes are repressed at their source.