CHAMPINHA CASE: BETWEEN THE LIMITS OF CRIMINAL IMPUTABILITY AND THE APPLICATION OF SECURITY MEASURES

Abstract

The criminal liability of adolescent offenders has always been a sensitive topic within the Brazilian legal system, especially in cases involving extremely serious crimes and psychiatric disorders. The Champinha Case, which occurred in 2003, reignited the debate on the limits of criminal responsibility, the duration of socio-educational measures, and the subsequent application of security measures to individuals who, although having committed infractions during adolescence, continue to pose a social risk after reaching adulthood. Based on the issues raised, the main objective of this research is to analyze the limits of criminal responsibility and the application of security measures in the Champinha case. The specific objectives are: to examine the concept of criminal responsibility within the Brazilian legal framework and its application to adolescent offenders; to investigate the legal grounds for the security measure applied in the Champinha case, assessing its constitutionality and compatibility with the Statute of the Child and Adolescent (ECA); and to discuss possible gaps in criminal and socio-educational legislation regarding the treatment of adolescent offenders with severe personality disorders. The research adopts a qualitative, descriptive, and bibliographic approach, based on doctrinal works, case law, academic articles, and legal documents.