“A redução da maioridade penal no Brasil: Impactos na segurança pública e prevenção ao crime”

Abstract

The issue of lowering the age of criminal responsibility in Brazil has been debated as a potentially effective measure to address challenges related to public safety and the prevention of crimes committed by adolescents in conflict with the law. Opinions on this topic vary widely among experts, legislators, and civil society. The debate spans political, legal, and social measures relevant to Brazil’s current context. Current Brazilian legislation sets the age of criminal responsibility at 18, as stipulated in Article 228 of the Federal Constitution and the Child and Adolescent Statute (ECA), which provides socio-educational measures for adolescents aged 12 to 18 in conflict with the law, such as confinement in specialized facilities for up to three years. Constitutional amendment proposals, such as PEC 171/1993, seek to lower this age to 16, arguing that adolescents who commit serious crimes, including heinous offenses like rape, homicide, and robbery resulting in death, demonstrate sufficient discernment to be held criminally accountable as adults. This, proponents claim, could reduce youth crime and enhance the public’s sense of security. Data shows that while individuals under 18 represent a minority of offenders in Brazil, their involvement in violent crimes is disproportionately high in some regions, fueling perceptions of impunity and demands for stricter penalties.On the other hand, critics of lowering the age of criminal responsibility argue that Brazil’s prison system, which is dilapidated and overcrowded, has high recidivism rates and offers little opportunity for rehabilitation. Exposing young people to such harmful and poorly structured environments, where they may come into close contact with highly dangerous criminal organizations, could exacerbate the problem. Studies by UNICEF and IPEA suggest that investing in education, social inclusion policies, and strengthening socio educational measures would be more effective in preventing crime than punitive approaches. These studies point to countries with systems focused on rehabilitating minors as having better outcomes. Furthermore, lowering the age of criminal responsibility could further strain Brazil’s judiciary and prison systems, increasing public costs without guaranteeing improvements in public safety. Thus, opinions on this measure remain divided: while some view stricter punishment as a means to maintain order and good behavior, others argue that prevention through robust, effective, and accessible social policies is the most effective path forward, potentially paving the way for a more peaceful future.