REDUCTION OF THE AGE OF CRIMINAL LAW IN BRAZI: FOWARD OR REVERSE?

Abstract

This is a bibliographic review article that presents discussions on that would represent the reduction of age in Brazil, that criminal law is being defended by the Proposed Constitutional Amendment 171/1993, it intends the reduction for sixteen years of age. In this way, the article presents theoretical discussions regarding the process of construction of the rights of children and adolescents in Brazil, with greater emphasis on construction and importance of the Child and Adolescent Statute, since the reduction would imply a change in the social structure specifically for adolescents (between sixteen and eighteen years of age), always taking into account the need of these minors are better perceived and socially protected. Then propose to discussions on the process of psychological development in which adolescents in question are passing, as well as the importance and consequences of this moment paramount for the construction of the subject, safeguarding the construction of his identity and subjectivity and differentiating the concept of conscience and appropriation of the social reality in which it is inserted. Finally, the article brings reflections and discussions of the foundations upon which is structured this PEC, questioning their bases and the perspective of social application-practice of same. This is done, there is the presentation of vision of this reduction, if as a social advancement or backspace of databases, rights and guarantees of these adolescents, which were the result of a process of several struggles, some if they give up to the moment while reaffirmation.