A Construção do Direito Penal Juvenil e a desconstrução das propostas que visam a redução da maioridade penal

Abstract

The present work aim to research, describe and criticize the Proposals of Constitution Amendments that aim at a reduction of the criminal responsibility age. For that, it was necessary to research and describe the legal construction of the children’s and adolescents’ rights in the national and international sphere. Initially, we sought to analyze the Human Rights Treaties and Conventions that served to build the children’s and adolescents’ rights to contextualize the treatment they have been given throughout history. Subsequently we sought to analyze how Brazil's Law since the Royal Ordinances until the Statute of the Child and Adolescent to demonstrate the treatment offered to children and adolescents throughout the Brazilian legislative history. Finally, it analyzes the Proposals of Constitution Amendments aimed at reducing the age of criminal responsibility, seeking to deconstruct the arguments used by politicians. And it presents the impossibility of the reduction of the age of criminal responsibility by violating the fundamental rights and guarantees, the articles known as stone clauses, based on articles 60, §4, IV, art. 227 and 228 of the Brazilian Federal Constitution of 1988. This monograph was elaborated by bibliographical research in books, articles, codes, news and periodical resources on the internet about the subject in debate.