Tudo sobre Redução da Maioridade Penal

Summary

In this video, criminal lawyer Cristiane do Prado discusses the reduction of the age of criminal responsibility. She outlines the need to understand Brazilian penal law, constitutional law, and the Statute of the Child and Adolescent when addressing this topic. The video explains the current legal framework in Brazil, where individuals under 18 are not held criminally responsible for their actions, and instead face socio-educational measures. It also touches on the debate surrounding changing the age of criminal responsibility and the different positions within the legal community, including arguments for and against such a change. The video is aimed at those researching or writing on this subject, providing insights into the nuances of Brazilian law and suggesting further research avenues.

Takeaways

• 📚 The video discusses the topic of reducing the age of criminal responsibility, which is crucial for those researching or writing academic papers or theses.
• 🇧🇷 In Brazil, the legal age of criminal responsibility is 18, as per the Brazilian Penal Code and the Federal Constitution.
• 👶 The video explains the difference in treatment between children (up to 12 years old) and adolescents (from 12 to 18 years old) under Brazilian law.
• 🏢 The Estatuto da Criança e do Adolescente (ECA) outlines specific measures for dealing with infractions committed by minors, such as socio-educational measures for adolescents and protective measures for children.
• 🚫 Minors under 18 in Brazil do not commit crimes in the legal sense; instead, they commit 'infractional acts' which are treated differently from crimes.
• 🌐 The video suggests looking at international comparisons, such as the United States, where the age of criminal responsibility varies by state.
• 🤔 There are two main positions on reducing the age of criminal responsibility: one supports it, while the other argues that the current age is a fundamental right and should not be changed.
• 📝 For academic work on this topic, it's important to cover the introduction of the subject, development of the discussion, and a comparative view of different legal systems.
• 👩‍🏫 The speaker, Cristiane do Prado, is a criminal lawyer and director of the Brazilian Institute of Penal Law, providing her expertise on the subject.
• 🔗 The video offers resources for further learning, including a link to a course on criminal law practice, which could be beneficial for those studying or working in the field.

Q & A

What is the main topic of the video?

The main topic of the video is the discussion of reducing the age of criminal responsibility, focusing on the legal aspects in Brazil and exploring different positions on the issue.

Who is the speaker in the video?

The speaker in the video is Cristiane do Prado, a criminal lawyer based in Rio de Janeiro and the director of the Brazilian Institute of Criminal Law.

What are the three disciplines that need to be discussed when talking about the age of criminal responsibility?

The three disciplines that need to be discussed are criminal law, constitutional law, and the Statute of the Child and Adolescent.

What is the current legal age of criminal responsibility in Brazil?

In Brazil, the current legal age of criminal responsibility is 18 years old, as per Article 27 of the Penal Code and Article 228 of the Federal Constitution.

What is the difference between a child and an adolescent according to the Statute of the Child and Adolescent in Brazil?

A child is considered to be a person under 12 years of age, while an adolescent is a person who has completed 12 years of age but has not yet reached 18 years of age.

Why are children not considered to have committed a crime under Brazilian law?

Children are not considered to have committed a crime because they lack culpability, which is an essential element of the crime concept in Brazilian criminal law. Children are deemed imputably incapable, hence their actions are classified as infractions rather than crimes.

What are the consequences for a minor under 18 years old who commits an act that would be a crime if committed by an adult?

For minors under 18 years old, instead of criminal penalties, they are subject to socio-educational measures as outlined in the Statute of the Child and Adolescent, such as internment for a maximum of 3 years.

What is the position of those who advocate for reducing the age of criminal responsibility?

Some advocate for reducing the age of criminal responsibility, arguing that minors should be treated as adults from the age of 16 or even 14, following examples from other countries.

What is the argument against reducing the age of criminal responsibility?

The argument against reducing the age of criminal responsibility is that it would infringe upon the fundamental right of minors to a differentiated treatment, focusing on education rather than punishment.

What are the potential legal implications of changing the age of criminal responsibility in Brazil?

Changing the age of criminal responsibility could potentially alter a fundamental right guaranteed by the Federal Constitution, and some argue that such a change would not be permissible due to the 'petrified clause' status of the current provision.

How can one deepen their understanding of the legal procedures involving minors in Brazil?

One can deepen their understanding by studying scientific articles, engaging with the Brazilian Institute of Criminal Law's resources, and potentially enrolling in courses such as the practical criminal law course offered by the speaker.