OS DESDOBRAMENTOS DA REDUÇÃO DA MENORIDADE PENAL NO ORDENAMENTO JURÍDICO BRASILEIRO

Abstract

The present work aims to address and discuss the reduction of the age of criminal responsibility in the Brazilian legal system. The discussion on the topic is not new and develops even more in light of the alarming growth of urban violence, especially with regard to juvenile offenders. The growing crime rate involving juvenile offenders brings to light the discussion about the possible unfeasibility and ineffectiveness of the current Brazilian model of criminal liability. This problem affects all citizens, which makes Brazilian society demand from legislators a solution that meets the population's desires. In Brazil, the age of criminal responsibility is reached at the age of 18. Those under 18, considered children and adolescents, are subject to the Child and Adolescent Statute (ECA), which provides for socio-educational measures instead of prison sentences. Although the arguments on the subject are diverse, the predominant legal interpretation defended in this work is that the age of criminal responsibility, established in article 228 of the 1988 Federal Constitution, is closely linked to the individual rights and guarantees provided for in the Magna Carta, therefore, Changing this provision would result in a violation of the immutable clauses, a fundamental institution in a Democratic State governed by the rule of law.