DAMACENO, R. A.; DAMACENA, Roberto Amaro.
Abstract:
This work aims to make an approach about the possibility and desirability of
reduction of criminal majority in Brazil. This study develops three main approaches.
First, a historic rescue of the Brazilian criminal legislation, which seeks to see how he
gave his evolution and how the young man was treated in the optics of different legal
codes over time. Then, a legal analysis of the issue, where there is the possibility or
not of adopting this regulatory reform, taking into account the actual legal nature of
art. 228 of the Constitution and if this device about "individual rights and guarantees"
and thus considered an eternity clause such as that contained in art. 5° of the law
that are provided for in art. 60 the same diploma, or a common constitutional
standard, subject to changes, and, in this debate, brings the divergent positions
around the subject. Finally, some considerations are handled on the social
consequences of the adoption of the mentioned measure, and how that would impact
on the prison system and its total inefficiency in the recovery of the detainees, in
addition to the omission of the State to develop social inclusion policies, as well as
the lack of adequate centres for young offenders comply with the educational
measures and can be re-educated and so resume the appropriate psychological and
social and, above that, therefore, the real factors that imply admission of young,
earlier and earlier, in the world of crime.
