A controversa redução da maioridade penal

Abstract

The reduction of the criminal majority as a means of combating crime involving adolescents is not unanimous in Brazil. This is a very controversial issue that arouses fervent debates about its effectiveness and constitutionality. The penal enputability resulting from the age criterion, thematic related to the present study, is positivated in the arts. 228 of the Federal Constitution, 104 of the Law No. 8.069/1990 (Statute of the Child and Adolescent) and 27 of the Penal code. The objective of the present study is to demonstrate, using the deductive approach method, in addition to the legal impossibility of reducing the penal age, given the condition of a petrous clause of the penal enputability of the person under the age of 18 years, the Controversies about the effectiveness of this measure in combating violent crime and the state's duty to perform the rights and guarantees ensured to children and adolescents by the Federa Constitution and the Statute of the Child and the Teenager. It will also address the increase in juvenile criminality as a social issue, the bankruptcy of the Brazilian prison system, the impossibility of the private penalty of freedom to ressocialize the adolescent offender and the need for implementation of Public policies aimed at preventing the committing of the infraction and the resocialization of the adolescent in conflict with the law.