ANALYSIS OF THE REDUCTION OF CRIMINAL MINORITY IN THE LIGHT OF LIABILITY

Abstract

The present work aims to analyze criminal minority from different perspectives, especially with regard to the legal possibility of reducing criminal minority, as well as the possible consequences of the aforementioned change, to this end, we seek to understand the factors considered for the establishment of the aforementioned criminal minority up to 18 years of age. In 1940, when the Penal Code came into force, imputability was evidently established at the age of eighteen, remaining even after the reform in 1988 of the general part, consolidating since then in the Federal Constitution and the ECA. Thus, since that time, minors under the age of eighteen have been considered as non-imputable, based on biological criteria based on the mental development of their age. Therefore, the objective is to analyze the reduction of criminal minority in light of the imputability of children and adolescents, based on the assumption that non-imputability becomes a benefit for the practice of illicit conduct. The method used in the research was bibliographic with a deductive approach, which allowed information to be sought about the problem, obtaining the expected results regarding the reduction of criminal minority, concluding that due to the low effectiveness of corrective measures dictated by special legislation, it is necessary to modify the Brazilian criminal imputability rule.