Analysis: The majority of STF ministers are against reducing the age of criminal responsibility

The approval of the reduction of the age of criminal responsibility from 18 to 16 years by the CCJ (Committee on Constitution, Justice and Citizenship) of the Chamber of Deputies, this Wednesday (10), sparked debate about the role of the STF (Supreme Federal Court) in forwarding the measure.

According to CNN's Political Analysis Matheus Teixeira, the majority of the Court's ministers are against the proposal and that the Supreme Court has a consistent history of adopting measures aimed at exoneration.

"There is a view there that there is mass incarceration. The recently retired former minister, Luiz Roberto Barroso, always said that Brazil arrests a lot and arrests poorly, and that, therefore, the country had to improve mechanisms to combat crime", highlighted Teixeira to Hora H this Wednesday (10).

The PEC will still go to a special commission and, later, to the Congress plenary. If approved, the Supreme Court will be called upon to give the final word on the constitutionality of the measure.

Teixeira also recalls the creation of custody hearings by the CNJ (National Council of Justice), under the management of Ricardo Lewandowski, the collective habeas corpus for pregnant women or mothers of young children, and the joint effort promoted by Gilmar Mendes to grant habeas corpus to people with prolonged preventive detention.

"The Supreme Court's recent history is of adopting measures to reduce incarceration and in defense of more accurate arrests, of those who really command crime", highlighted the analyst.

Political timing
Despite the contrary position of the majority of ministers, Teixeira considered that the STF's reaction to the eventual approval of the PEC in Congress will depend on the political moment.

"Once approved in Congress with a large majority, overturning the measure also has a political issue, a political sensitivity that must be measured by the Supreme Court ministers at the time of the trial", he explained.

The analyst also highlighted that the vote in the CCJ revealed a broad base of support for the proposal. Only left-aligned parties, such as PT, PSOL, PDT and PCdoB, voted against. Center parties close to the federal government also voted in favor.

"It has a lot of popular appeal, this issue has popular acceptance," said Teixeira, comparing the movement to the debate over the 6×1 scale.

He warned that, if the PEC is approved quickly and the Supreme Court is still in a situation of greater confrontation with Congress, the Court may choose not to overturn the measure.

Teixeira also recalled that the Supreme Court itself has already declared that there is an unconstitutional state of affairs in relation to Brazilian prisons, which are overcrowded.

"The measures adopted in recent years go against the decision taken today by the Chamber", concluded the analyst, reinforcing that, year after year, the increase in the prison population has not resulted in a solution to the problem of public security.

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Source: CNN