Reflexões históricas e atuais da maioridade penal no Brasil: da tutela legislativa e do Direito Penal do Inimigo

Abstract

The aim of this article is to connect Günther Jakobs’ Enemy Criminal Law Theory to brazilian child-juvenile justice, as well as to evidence how actual speeches that long for criminal majority reduction elaborate historically overcame proposals. The reflection is important in view of the popular Brazilian clamor for a constitucion amendment that make possible the punitive exasperation over children and teenagers offenders, in an illusion of, this way, ceasing violence problems in the country. It is shown that the child- juvenile offender population already had, in the past, legislative treatment that corresponds to Enemy Criminal Law and that those particulars endures, not in the Estatuto da Criança e do Adolescente, that is garantist, but in the practice of its application. This task had as its basis literatures and laws related to the subject. From this article is possible to conclude the importance of historical analysis for not reviving failed standarts over excessively punished children and teenagers, by the burden of filling the room of society enemies.