REDUCTION OF THE AGE OF CRIMINAL RESPONSABILITY: FAVORABLE, AND OPPOSITE ASPECTS A ANALYSIS OF THE ALIEN SYSTEM

• Autor(a) principal: de Souza Castro, Lenis
• Data de Publicação: 2021
• Outros Autores: Laurito Paro, Marcelo
• Tipo de documento: Artigo
• Idioma: por; eng
• Título da fonte: Revista Esmat
• Texto Completo: http://esmat.tjto.jus.br/publicacoes/index.php/revista_esmat/article/view/380
• topic: Adolescente Infrator. Redução da Maioridade Penal.; Teenage Offender. Reduction of Legal Age.

The rising tide of crime has encouraged discussion of the reduction of legal age, gaining ground in the academic and social environment. Under the system adopted in Brazil, over 12 and under 18 can only answer for the torts committed under the Statute of Children and Adolescents, being unable enforcement of criminal law. The constituent assumed that such individuals cannot be held fully accountable for their actions for lack of full mental development. In the same vein, the Brazilian prison model has shown that reeducation purpose is merely utopian, should be preferred, according to some, the social and educational measures system. For the favorable current to the change of majority, the current stage of development, as opposed to experienced in 1940 ( when the issue of the Criminal Code) should be taken into account, directly reflect the degree of understanding on today's teenagers. In this study, the main arguments in favor and against the mentioned legislative change will be analyzed and examined some foreign models, especially the one adopted in Canada.