Abstract

SILVA, Aline Kelly da  and  HUNING, Simone Maria. Proposals to reduce the age of criminal responsibility in Brazil and the Child and Adolescent Statute. Estud. psicol. (Natal) [online]. 2017, vol.22, n.2, pp. 235-246. ISSN 1413-294X.  http://dx.doi.org/10.22491/1678-4669.20170024.

This paper discusses how the proposals to reduce the age of criminal responsibility in Brazil strain the Statute of Children and Adolescents. Applying the archaeological and genealogical methods of Michel Foucault we analyze the constitutional amendment proposals presented by the country's Chamber of Deputies between 1993 and 2013. Our analysis points out that the proposals criticize the chronological criteria adopted by the Statute and propose replacing it with the so-called subjective-psychological criteria. Placed in opposition to social rights, civil rights are used as a reference to hold young subjects responsible, thereby making them more penalizable. Finally, the proposals critique the ineffectiveness of the Statute of Children and Adolescents. These critiques are not the result of attempts to expand the efficacy of current policies, but rather to implement a punitive upsurge starting with the disqualification of the Statute.

Keywords : age of criminal responsibility; Child and Adolescent Statute; social control.

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