Análise crítica dos fundamentos concernentes à possibilidade de redução da maioridade penal no Brasil

Abstract

ResumoThe discussion about the possibility of reducing the criminal majority in Brazil has been quite recurrent, especially in the legal sphere, which has brought proposals for this to be effective. Over time, the number of infractions committed by young people under 18 years of age has increased in the country, demonstrating the need for changes in legislation in order to keep up with the current reality in which it is located. This work aims to identify which theory was used in Proposals for Amendment to Constitution No. 04 and 32 to support the possibility of reducing the criminal majority in Brazil. The methodological procedure used was a bibliographic study on the theories of culpability and on the justifications presented in each SGP for the proposed modifications. With this study it was possible to verify that the theory used by the PEC to support the possibility of reducing the criminal majority in Brazil was the Pure Limited Theory, since it is the change in the criterion to identify the existence of imputability in the concrete case, an element specific to this theory.