The Reduction of the Age of Criminal Responsibility in Brazil: Legal and Social Implications from an Interdisciplinary Perspective

Abstract

The present study analyzes the proposal to reduce the age of criminal responsibility in Brazil in light of the Statute of the Child and Adolescent (ECA), focusing on its legal and social implications. The research adopts an interdisciplinary perspective, examining the tension between the principles of comprehensive protection and juvenile criminal accountability, particularly in the context of Article 228 of the Federal Constitution, which guarantees the criminal non-liability of individuals under the age of 18. The study contextualizes the ECA as a fundamental legal framework for the defense of child and adolescent rights, while acknowledging that the rise in juvenile crime has fueled legislative proposals such as PEC 171/1993, intensifying polarized public and political debates. The methodology used is qualitative and bibliographic, based on legal doctrines, national and international legislation, case law, and statistical data on the Brazilian socio-educational system. The study identifies juvenile crime as a multifactorial phenomenon, linked to social exclusion, educational deficiencies, and the lack of effective public policies. The findings indicate that merely punitive measures are not effective in reducing violence, highlighting the need for a juvenile justice model focused on education, rehabilitation, and social inclusion. The reduction of the age of criminal responsibility, in addition to raising doubts about its effectiveness, may compromise fundamental rights and the principle of human dignity. It is concluded that addressing juvenile violence should prioritize integrated public policies based on prevention, assistance, and pedagogical accountability, in alignment with constitutional principles and international commitments to the protection of children and adolescents.