Redução da maioridade penal: um enfoque jurídico e social.

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.