Análise crítica dos fundamentos concernentes à possibilidade de redução da maioridade penal no Brasil
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Date
2020-12-21
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Universidade Católica do Salvador
Abstract
The 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.
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Keywords
Redução da maioridade penal, PEC, Jovens infratores, Culpabilidade, Reduction of criminal majority, Young offenders, Guilt