A (in)constitucionalidade da redução da maioridade penal à luz do Ordenamento Jurídico Brasileiro.

Abstract

The work on display, is grounded in teaching a short essay about reducing the age of criminal responsibility from the perspective of the legal parental rights, taking into account the relevance of the institute in relation to individual rights and guarantees in the Constitution carved, The methodology chosen by the use of deductive and exegetical methods in the analysis of relevant laws and doctrines through bibliographic research. In the opening chapter, it is a historical retrospective on the evolution of laws related to the rights of children and adolescents in Brazil and abroad, to give the reader a subsidy needed to understand the real situation now facing the lowest in the current legislation homeland. The second chapter deals with the study of simplified legislation directed to the rights of children and adolescents, emphasizing the measures imposed on juvenile offenders. In the third chapter, there is the analysis of the constitutional requirements related to the chiid, taking into account the study of art. Exposing about 228 of the penal and barriers listed by the Constitution to change this entry through the ordinary law, as a result of that article to be labeled as immutable clause, which prevents its modification or deletion of the Brazilian legal system. And the last chapter of this study and presented the most diverse positioning followed by scholars about the reduction of the penal, emphasizing their thoughts they consider to be possible or not the reduction of legal age in light of the topographic position of art. 228 of the Supreme Law.