ANDRADE, J. A.; http://lattes.cnpq.br/1318943415316287; ANDRADE, Jamison Alves de.
Abstract:
Versa, this research on the discussion regarding the reduction of legal age in the
Brazilian legal system, as well as their possible consequences on the social and legal
harvest as a whole, a topic that generates different positions involving a host of
scholars and jurists in As regards the effectiveness or ineffectiveness, reducing crime
rates from the idea of lowering the age of criminal responsibility. The divergence is
guided on the one hand, on the understanding that the rule contained in Article 228
of the Constitution of 1988, which introduces this device to criminal responsibility only
to individuals who are eighteen (18) years, presented as being right this individual
outside the scope of Article 5, which is why entrenchment clause and therefore
impossible to reform or abolition. On the other hand, takes care that these days the
teenager has a higher degree of judgment than before, given the wide access to the
media. Begins the study from the exposure of the historical evolution of legal age in
Brazil until the present day, analyzing then the Statute of Children and Adolescents,
the Federal Law No. 8.069/1990, checking up succinctly measures under ACE, as
well as the main problems present in the same. Finally, it makes an analysis
concerning the reduction of legal age in Brazil, using the doctrinal views, and before
arguments in favor and against, and then correlated to comparative law. The study
referred to above consists of bibliographic research in all three chapters of a
theoretical as well as practical arguments, the example of jurisprudential
understandings.
