A inimputabilidade penal do menor vista como cláusula pétrea: uma análise sobre a menoridade penal.

Abstract

The objective of this research was to address the reduction of the penal point of view of social and legal, by checking that there unconstitutionality of such reduction, the possible existence of "entrenchment clauses" in our legal system, which prevent such reform occurs, since the constitutional level we have the impression that Article 228 poses as implied constitutional principle, the incapacity of minors of 18 years, therefore, any amendment that would remove or reword the article 228, CF could be unconstitutional or not, since that Article 60, § 4 states that will not be subject to resolution of the proposed amendment regards the individual rights and guarantees. The choice of this theme has intrinsic relation to the controversy that has piqued interest in light of recent events, violent and increasingly recurrent involving minors, as well as the importance of removal of apparent conflicts of possible regulatory and legislative misrepresentation arising from literal interpretations that do not respect the maxim in dubious pro Societatis is not using the best hermeneutical method in the norm to the case for the pursuit of true justice and legal certainty so revered. Seeing that some regulation, even when inserted in the constitution, the incapacity of minors contrary to the precepts and principles listed in it, holding in check the legal system, causing damage to society as a whole as well as leaving the discredited national legal system, being therefore of vital importance to pluck, or even the relaxation of this, making it thus capable of modification or amendment.