Abstract

CAVALCANTI, Mariana Fonseca  and  OLIVEIRA, Isabel Fernandes de. Criminal majority: the urgency of a discussion. Rev. Subj. [online]. 2015, vol.15, n.2, pp. 257-264. ISSN 2359-0769.

Recent public opinion polls show that there is a social outcry by the reducing the legal age, which is not different in the Senate where several Proposed Amendment to the Constitution (PECs) proceed suggesting the adoption of this measure as a solution to crime and violence. Given the urgency of discussion on this subject, the article begin from the historical context of the "minor" category and teenage author conception of an offense constituted by the Child and Adolescent Statute - ECA, in order to discuss the current advent of the reduction of legal age proposal. It emphasizes the development of PECs, media activities and public opinion front to disregard of the unaccountability of teenagers. Moreover, it is argued the contrary position of certain sectors involved in the area of human rights, such as the United Nations Children's Emergency Fund (UNICEF), the National Council for the Rights of Children and Adolescents (CONANDA) and the Human Rights National Secretary (SNDH). The basis for refuting the reduction of the legal age proposal, presented by these sectors, is found on the poor or even non-existent guarantee of the rights foreseen in the ECA. Thus, it is essential the defense for the effecting of the full protection of children and adolescents, in order to prevent illegal acts. Finally, it is understood that proposals such as reducing the penal age plus hold harmless the State in its role of ensuring fundamental rights, authorizes the punishment and exclusion increasingly adolescents.

Keywords : criminal majority; teen; misdemeanors; public opinion; psychology.

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