THE CRIMINAL NON-IMPUTABILITY OF MINORS AND THE EFFECTIVENESS OF SOCIO-EDUCATIONAL MEASURES PROVIDED FOR IN THE ECA

Abstract

This article analyzes the criminal non-imputability of persons under eighteen and the effectiveness of the socio-educational measures provided for in the Brazilian Child and Adolescent Statute, considering comprehensive protection and the National Socio-Educational Assistance System. It examines the conditions under which these measures contribute to the social reintegration of adolescents in conflict with the law. A qualitative bibliographic and documentary study was conducted through a narrative review of Brazilian studies published from 2020 to 2026 and an analysis of the Federal Constitution, the Criminal Code, the Statute, Law No. 12,594/2012 and relevant statements issued by the Superior Court of Justice. The analysis distinguishes age-based non-imputability from absence of accountability and statutory provisions from demonstrated social outcomes. The findings identify opportunities for community inclusion and post-release support, alongside contradictions between educational and punitive practices, institutional violence and discontinuity of assistance. Effectiveness depends on individualized interventions, coordination between public policies and protection of rights during and after the measures. The review neither establishes a national success rate nor causally attributes subsequent offending to a specific measure.