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Approved by the CCJ (Constitution and Justice Committee) of the Chamber of Deputies last Wednesday (10), the reduction of the age of criminal responsibility has been defended by parliamentarians since the signing of the 1988 Magna Carta.
Despite the recent advancement of the agenda, a CNN survey shows that, since the Constitution, at least 57 proposals to reduce or make the age of majority more flexible have been filed in the National Congress.
The text that made the most progress was presented in 1993, having only received approval from the Chamber plenary in 2015. The matter, however, stalled in the Senate and ended up being shelved in 2022.
Current legislation establishes that all citizens under the age of 18 are not responsible, that is, they cannot be held criminally responsible. In the Chamber, the proposal approved by the CCJ suggests reducing this age to 16 years.
The PEC (proposed amendment to the Constitution) approved by the collegiate body will now be analyzed by a special committee before going to the Chamber plenary.
As CNN showed, however, some parliamentarians assess that the chances of the matter moving forward this year are low. The election year weighs heavily on this scenario, which historically empties the halls of Congress.
Toque agora.
This year, the reduction of the age of criminal responsibility was rescued during the process in the Chamber of the so-called Public Security PEC, but ended up being removed from the text approved by the deputies. At the time, the condition for excluding the excerpt was the commitment to address the issue in a separate matter, which advanced this week at the CCJ.
Recurring theme
The list of proposals that call for the reduction, relaxation or definition of criteria for the imputability of minors under 18 were, in general, sponsored by right-wing or center-right parliamentarians.
Historically, left-wing acronyms are against the change and argue that the age defined in the 1988 Constitution is an immutable clause. On the other hand, representatives of the right believe that the reduction could help to discourage crime in the country.
Of the total number of matters filed in Congress, 47 were presented in the Chamber. Another ten were filed with the Senate. The survey disregarded five PECs presented in the Chamber that were returned to the authors because they did not gather minimum signatures.
Most texts propose a reduction to 16 years, but other, more rigorous suggestions, propose criminal liability for ages 12 or 14.
At least eight proposals suggest a reduction only in cases of heinous crimes, that is, those considered more serious and subject to more severe criminal treatment.
Among the authors of the initiatives are, for example, former president Jair Bolsonaro (PL), who presented a proposal on the topic in 1996, when he served as federal deputy.
The same was done by his son, senator Flávio Bolsonaro (PL-RJ), pre-candidate for the Presidency, who filed a PEC on the topic in 2019. Another proposal, from 2001, was suggested by deputy Alberto Fraga (PL-DF), current leader of the Parliamentary Front for Public Security.
Traditionally, the issue of security has more resonance among right-wing parliamentarians. The opposition sees the agenda as campaign "ammunition" and one of the main flags for the 2026 elections.
Flávio Bolsonaro has reinforced his defense of the issue, in a strategy to counter and polarize the issue in relation to President Luiz Inácio Lula da Silva (PT). Among government allies, as CNN showed, the progress of the proposal in the Chamber is seen with concern, and Lula's team fears repercussions in the elections.
Lula's team fears exhaustion in discussing the age of criminal responsibility | LIVE CNN
Source: CNN
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