A REDUÇÃO DA MAIORIDADE PENAL

Abstract

The current scenario of Brazilian criminal law recognizes as a crime the typical, unlawful, and culpable act. When addressing the element of "culpability," the discussion revolves around whether the agent can indeed be held responsible for their conduct, as well as whether they have full discernment at the moment of the action or omission. Within this element, there are those considered to be exempt from liability, including individuals under the age of 18. In the current Brazilian context, there is much debate about the age at which an individual can be held accountable for their actions, as well as the sense of impunity that arises when news outlets report on heinous and barbaric crimes committed by minors. Thus, this article addresses the issue surrounding the impacts and discussions related to the reduction of the age of criminal responsibility. The objective is to analyze the historical context of the age of criminal responsibility in Brazil, with an emphasis on how it has evolved over time, and compare it with other countries. Additionally, it aims to analyze studies conducted by professionals in the fields of psychology and neuroscience to identify the moment when human consciousness and discernment are developed. The adopted research methodology is exploratory, with a qualitative approach and a deductive method, employing bibliographic and documentary review procedures. The study is divided into discussing the historical context of the evolution of punishment, as well as the understanding of what constitutes an unlawful act; followed by the psychological contexts regarding the issue; and lastly, an analysis of the age of criminal responsibility in Brazil and other countries, as well as the effects of reducing it on the daily life of Brazilians. The results indicate that several countries have adopted the procedure of lowering the age of criminal responsibility, while others have raised the age for punishment; however, psychology explains that, at certain ages, before 18, there is full discernment of conduct. In this sense, the age of exemption from liability is not a constitutional clause, so the reduction, at least for heinous crimes, would represent a social and legal measure aimed at combating crime and responding to society's demands.