Análise comparativa sobre a maioridade penal no Brasil em relação aos demais países da América Latina

Abstract

The reductionist tendency of existing legal age in Brazil, took place this research in order to compare the criminal responsibility and juvenile criminal liability Brazilian with the rest of Latin America. A study on the evolution of international treaties on the rights of children and adolescents was made. Similarly, an evolutionary analysis was done, until reaching the current Brazilian laws that expose the theme: the Constitution, the Penal Code and the Statute of Children and Adolescents. Is expounded on existing educational measures and how they are applied in Brazil, with the help of SINASE. They described the pros arguments for and against lowering the penal age and the immutability of age in March under Article 228 of the Brazilian Federal Constitution. It used interdisciplinarity between law and psychology to study the different treatment given to adolescents who commit illegal acts and the causes that generate the delinquent behavior in these subjects. It was found that Brazil, has a special law to be applied to juvenile offenders, which adopts the doctrine of full protection and respect the International Convention on Human Rights 1989, except in countries where criminal responsibility is less than eighteen. Tracing the parallel between the legal systems adopted in Brazil and Latin America, it was found that the Brazilian criminal responsibility of eighteen years in line with that applied in most Latin countries; beyond the juvenile criminal liability in Brazil which starts to twelve years, as occurs in most Latin nations. Still, it was observed that all Latin American countries contain legislation in whole or in part, for the rights of children and adolescents; besides considering the teenager as an individual who is going through a transitional phase and should be treated differently from adults form.