A CRITICAL ANALYSIS ON THE POSSIBILITY OF REDUCING CRIMINAL IMPUTABILITY IN BRAZILIAN LAW
Abstract
Based on the Brazilian Federal Constitution of 1988, and in relevant legislation, this research proposes an analysis of the legitimacy of reducing criminal liability, currently set at 18 years of age. For that, it analyzes principles and norms, among which the integral protection of children and adolescents, the absolute priority, the Statute of the Child and the Adolescent, the Brazilian Constitution, the Penal Code, and others. From a theoretical perspective, it seeks to point out and analyze some of the main arguments that arise within the discussions on the reduction of criminal liability in Brazil. The general objective of the work is to verify whether the reduction of criminal liability would violate the aforementioned principles and so would be a violation of the constitutional system currently in force in Brazil. This constitutes a research of great relevance and is always current in the Brazilian scenario, given the political and social influences that the theme involves, and can therefore contribute so much to studies in Law, notably in criminal and constitutional law, but, also, in a social perspective, which raises discussions within Brazilian society. To carry it out, it adopts the methodology of literature review, using sources considered necessary for the development of the proposed research, which has a descriptive and explanatory character. In view of this analysis, it is concluded that the reduction of criminal liability goes in the opposite direction to what is currently provided by Brazilian legislation, according to which the protection of children and adolescents must prevail, since the rights guaranteed to these subjects cannot be changed in order to harm them.
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