The reduction of the age of criminal responsibility is a topic that divides opinions and generates intense debates in Brazil. According to Carlos Alberto Arges Junior, a specialist lawyer, the Federal Constitution establishes that individuals under 18 years old are not criminally liable, meaning they cannot be held criminally responsible as adults. However, in light of the rising crime rates involving adolescents, many advocate for lowering the age of criminal responsibility as a solution to the problem.
Next, we will explore the arguments for and against this measure.
What are the arguments in favor?
Proponents of reducing the age of criminal responsibility argue that the measure is necessary to combat impunity and increase the sense of security in society. They claim that, in many cases, adolescents commit serious crimes, such as homicides and robberies, but are not punished in proportion to the severity of their actions. For these groups, lowering the age of criminal responsibility would be a way to ensure justice for victims and discourage young people from engaging in criminal activities.
Dr. Carlos Alberto Arges Junior explains that another argument is that the current legislation, which provides for socio-educational measures for juvenile offenders, is insufficient to rehabilitate them or prevent recidivism. According to this view, reducing the age of criminal responsibility could serve as a “reality check,” showing young people that criminal acts have serious consequences.
What are the arguments against?
Opponents of reducing the age of criminal responsibility argue that the measure does not address the root causes of crime, such as social inequality, lack of access to education, and the exclusion of vulnerable youth. For them, the solution lies not in punishing more but in investing in public policies that offer real development opportunities for adolescents.
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Another point raised, according to Dr. Carlos Alberto Arges Junior, is that lowering the age of criminal responsibility could further criminalize youth, especially poor and Black young people, who are already the most affected by violence and the penal system. Studies show that most adolescents involved in crimes come from contexts of extreme poverty and social exclusion, reinforcing the need for broader and preventive approaches rather than punitive measures.
What would be the social and legal impacts?
Reducing the age of criminal responsibility would have significant impacts on the legal system and society. Legally, the measure would require changes to the Federal Constitution and other laws, as well as adaptations in the justice system and the prison system, which could generate additional costs and further burden institutions already facing challenges such as overcrowding and lack of resources.
Socially, the measure could deepen inequalities and further stigmatize vulnerable youth. Lawyer Carlos Alberto Arges Junior notes that instead of reducing crime, there is a risk that lowering the age of criminal responsibility could increase violence and social exclusion, creating a difficult cycle to break. Additionally, experts warn that the measure may divert attention from effective public policies.
In conclusion, the reduction of the age of criminal responsibility is a complex and controversial issue that involves social, legal, and ethical questions, emphasizes Dr. Carlos Alberto Arges Junior. While many advocate for the measure as a solution to rising crime rates, it is important to consider its potential negative impacts, such as prison overcrowding and the criminalization of youth.
Instagram: @argesearges
LinkedIn: Carlos Alberto Arges Junior
Site: argesadvogados.com.br
Author: Vania Quimmer
