CRIMINAL LIABILITY: AN APPROACH IN LIGHT OF ARTICLE 228 OF THE FEDERAL CONSTITUTION

Abstract

This article analyzes criminal liability within the Brazilian legal system in light of Article 228 of the 1988 Federal Constitution, a provision establishing that individuals under the age of eighteen are not criminally liable and are instead subject to special legislation. The research seeks to understand the constitutional, social, and legal foundations justifying the age of criminal responsibility being set at eighteen, as well as to discuss contemporary debates regarding lowering this age in Brazil. In this context, the historical evolution of juvenile criminal responsibility is examined, highlighting the influence of principles such as human dignity, integral protection, and the absolute priority accorded to children and adolescents. The study also addresses the Statute of the Child and Adolescent as a normative instrument designed to hold juvenile offenders accountable through socio-educational measures, distinguishing these measures from the penalties applied to those who are criminally liable. Furthermore, arguments for and against lowering the age of criminal responsibility are analyzed, particularly in view of rising juvenile crime and the public's sense of insecurity. The methodology employed consists of bibliographic and documentary research based on an analysis of the Federal Constitution, sub-constitutional legislation, legal doctrine, and relevant case law. The article concludes that criminal liability must be understood from a constitutional and humanitarian perspective, taking into account the adolescent's biopsychosocial development and the need for effective public policies focused on education, social inclusion, and the prevention of juvenile crime, while upholding the fundamental rights guaranteed by the 1988 Federal Constitution.