REDUÇÃO DA MAIORIDADE PENAL? Será que resolve?

CNLB - Conselho Nacional do Laicato do Brasil

11 Nov 201604:42

Summary

TLDRThe script discusses the issue of lowering the age of criminal responsibility in Brazil, highlighting the potential dangers of placing minors in adult prisons. It argues that reducing the age of penal responsibility without addressing the root causes of crime is ineffective and unethical. The speaker emphasizes the importance of education and rehabilitation over punishment, and criticizes the emotional, rather than rational, approach to public safety issues, which often leads to counterproductive policies.

Takeaways

🔫 Many youths in impoverished communities are quickly drawn into criminal activities such as theft, illegal possession of firearms, and even murder.
⚖️ The law in Brazil currently states that individuals under 18 who commit crimes are sent to Fundação Casa for a maximum of 3 years, which many people find too lenient.
🚨 There is a proposal to lower the age of criminal responsibility to 16, which is being debated in the Brazilian Congress.
👨‍⚖️ The argument against lowering the age of criminal responsibility is that placing minors in adult prisons could worsen their situation and lead to further criminalization.
📚 The education system should focus on preventing crime by addressing root causes rather than simply punishing young offenders.
❌ Lowering the age of criminal responsibility could lead to criminals using even younger children to commit crimes.
🔄 The current system is already failing to rehabilitate adult criminals, so it is unlikely to be effective for minors.
🤔 The idea of reducing the age of criminal responsibility is seen as ineffective and driven more by a desire for revenge than by rational or ethical considerations.
💔 Placing minors in the adult prison system could result in them being victimized and further entrenched in criminal behavior.
📝 Instead of lowering the age of criminal responsibility, the focus should be on enforcing existing laws and ensuring they function effectively.

Q & A

What is the current age of criminal responsibility in Brazil according to the script?
-The current age of criminal responsibility in Brazil is 18 years old. Individuals who commit a crime under this age are sent to a foundation house, where they can stay for a maximum of 3 years.
What is the proposed change to the age of criminal responsibility mentioned in the script?
-The script mentions a proposal for a law to be voted on in the Chamber of Deputies and the Senate to lower the age of criminal responsibility to 16 years old.
What is the concern regarding lowering the age of criminal responsibility to 16 years old?
-The concern is that it would not be effective and could lead to more severe consequences. It is argued that sending a 16-year-old to prison with hardened criminals is not a smart measure and could lead to further criminal behavior.
What is the argument against placing minors in adult prisons?
-The argument is that placing minors in adult prisons is harmful as it exposes them to victimization and violence, which can exacerbate their criminal tendencies rather than rehabilitate them.
What is the speaker's view on the effectiveness of the current resocialization system for adults?
-The speaker views the current resocialization system for adults as absolutely flawed, suggesting that it would be even more detrimental to place children in the hands of criminals within the prison system.
Why does the speaker believe that reducing the age of criminal responsibility is not a solution?
-The speaker believes that reducing the age of criminal responsibility is not a solution because it is ineffective, inutile, and does not address the root causes of crime. It is seen as a measure driven by vengeance rather than a rational or ethical approach.
What is the speaker's opinion on the emotional response to public safety issues?
-The speaker suggests that emotional responses to public safety issues, often triggered by high-profile crimes, can lead to poor decision-making and policies that may ultimately worsen public safety.
What is the current maximum sentence for minors under the age of 18 in Brazil according to the script?
-According to the script, the current legislation allows for the deprivation of liberty for minors under the age of 18 for up to 8 years.
What does the speaker suggest as an alternative to lowering the age of criminal responsibility?
-The speaker suggests that instead of lowering the age of criminal responsibility, efforts should be made to improve the current legislation and ensure that it functions effectively, without admitting the flaws that currently exist.
How does the script relate the United States' approach to minors and crime with its prison system?
-The script implies a correlation between the United States' approach to considering minors for criminal responsibility from any age and its status as having the largest prison system and one of the most violent societies.
What is the speaker's stance on the argument that minors should be treated as adults in the criminal justice system?
-The speaker is against treating minors as adults in the criminal justice system, arguing that it is not ethical and can lead to more harm than good, such as making them victims within the prison system.

Outlines

00:00

🏛️ Debate on Lowering the Age of Criminal Responsibility

The paragraph discusses the societal issue of children in impoverished communities being coerced into criminal activities such as theft and illegal firearm possession, leading to violent crimes. It touches on the legislative debate about lowering the age of criminal responsibility from 18 to 16 years old. Critics argue that the current system, which sends minors to a foundation for a maximum of three years, is too lenient and counterproductive, suggesting that it should be harsher. The speaker also points out the potential danger of placing children in adult prisons, which could lead to further victimization and radicalization. The paragraph concludes with a critique of the emotional, rather than rational, approach to public safety issues, which can often lead to counterproductive policies.

Mindmap

Keywords

💡Communities

Communities refer to local social units of people sharing a common geographical area or cultural ties. In the video, it is mentioned that children are co-opted into criminal activities in impoverished communities where crime rates are high. The script suggests that these communities are breeding grounds for criminal activities due to the lack of opportunities and resources.

💡Cooptation

Cooptation in this context refers to the process by which individuals are persuaded or forced to join a group or participate in activities against their will or better judgment. The video discusses how children from poor communities are often co-opted into criminal activities, such as theft and illegal arms trade.

💡Illegal Arms Trade

This term refers to the illicit trade of firearms and ammunition. The script mentions that children are involved in the illegal arms trade, which is a serious crime and a significant social issue contributing to violence and insecurity in communities.

💡Penal System

The penal system encompasses the institutions, practices, and procedures related to the punishment of criminal behavior. The video discusses the inadequacy of the current penal system in resocializing adults and the potential negative effects of involving children in this system.

💡Fundação Casa

Fundação Casa is mentioned as an institution where children under 18 years old who commit crimes are sent. The video script criticizes the short duration of stay and the lack of effective rehabilitation, suggesting that it is not a solution to the problem of youth crime.

💡Majority Age

Majority age refers to the age at which a person is considered legally competent to make decisions. The video discusses a legislative proposal to lower the age of criminal responsibility from 18 to 16 years old, which is a contentious issue in the debate over how to address juvenile crime.

💡Resocialization

Resocialization is the process of reintegrating individuals into society after they have been involved in criminal activities. The video argues that the current system is failing in resocializing adults, which raises concerns about its ability to effectively rehabilitate children.

💡Education

Education is highlighted as a crucial factor in preventing youth crime. The video suggests that the focus should be on improving educational opportunities rather than lowering the age of criminal responsibility, as education can provide alternatives to crime and contribute to social mobility.

💡Emotion vs. Rationality

The video contrasts emotion-driven responses to crime, which are often based on fear or anger, with rational, evidence-based approaches. It argues that emotional reactions can lead to policies that are counterproductive and may exacerbate social problems, such as increasing youth crime.

💡Vengeance

Vengeance is a term used in the video to describe a desire for retribution or punishment out of anger or a sense of justice. The speaker criticizes the idea of lowering the age of criminal responsibility as being driven by a desire for vengeance rather than a rational, ethical approach to crime prevention.

💡Public Security

Public security refers to the measures taken by governments and communities to protect citizens and ensure safety. The video discusses how certain policies, such as lowering the age of criminal responsibility, can have unintended consequences for public security, potentially making communities less safe.

Highlights

Communities are struggling with poverty and crime, leading to the cooptation of individuals into illegal activities.

The current law allows for a maximum of 3 years in a foundation house for crimes committed under 18 years old.

There is public outrage over the idea that a 17-year-old who commits murder should only serve 3 years.

Critics argue that sending a minor to a penitentiary with hardened criminals is not a smart measure.

The importance of clear educational guidance is emphasized instead of just lowering the age of criminal responsibility.

The speaker suggests that reducing the age of criminal responsibility could lead to the exploitation of even younger children by criminals.

The speaker has experienced how people often haven't considered the implications of reducing the age of criminal responsibility.

The reduction of the age of criminal responsibility is deemed useless, ineffectual, and not based on moral or ethical grounds.

The only argument for reducing the age could be a desire for vengeance, which is not a rational or ethical stance.

The current legislation allows for up to 8 years of deprivation of liberty, which should be made to work effectively.

The United States, which does not have a specific age for considering minors, has the largest prison system and one of the most violent societies.

Public security issues are often resolved based on emotion, which can lead to counterproductive outcomes.

Measures that seem protective can actually worsen the security situation, as they may not address the root causes of crime.