The CCJ (Constitution and Justice Committee) of the Chamber of Deputies resumes, this Tuesday (9), the debate on the PEC (proposed amendment to the Constitution) on the reduction of the age of criminal responsibility. The analysis of the proposal returns to the collegiate analysis after a request for review – more time to analyze the agenda – postponing the vote on the opinion.
The text, reported by deputy Coronel Assis (PL-MT), proposes the reduction from 18 years of age to 16 years of age so that the young person becomes criminally liable, and may even be arrested from this age group. Furthermore, also lowering the minimum age to run for elected office (16 years old for councilor, 18 years old for deputy or mayor, 25 years old for governor and 30 years old for president).
The PEC, presented in 2015, is being processed alongside two other proposals that were filed this year, also with the intention of amending the Constitution. In general terms, one of the texts suggests the criminal liability of minors under 18 in cases of heinous crimes or mistreatment and extreme cruelty against people and animals; while the second provides for accountability for adolescents aged 12 and over who commit crimes committed with violence or serious threat, heinous crimes and crimes against life.
In his opinion, Coronel Assis also expressed himself in favor of the two proposals.
At the CCJ, deputies only deal with the admissibility of the proposal, that is, whether the text meets the legal and regulatory requirements, without analyzing the merits. If approved, the proposal will be analyzed by a special committee, which will still be formed to discuss the content of the PEC. Receiving the approval of the collegiate, the text goes to the Chamber plenary.
As it is a PEC, the matter requires at least 308 votes from deputies in two votes. Afterwards, if approved, the text goes to the Senate, where it also needs to go through two votes and receive 49 favorable votes.
Debate in Congress
The PEC under debate had been stuck in the CCJ since 2019. An opposition agenda for years, the group has been trying to advance the issue to try to use the matter as one of the main banners of the electoral campaign, given the assessment that the proposal has popular support.
According to a Real Time Big Data survey released in March, the majority of Brazilians are in favor of reducing the age of criminal responsibility to 16 years old. According to the survey, 90% of respondents support the measure, while 8% are against it. Another 2% were unable to answer.
On the government side, congressmen aligned with Palácio do Planalto criticize the proposal and claim that reducing the age of criminal responsibility will lead to an increase in incarceration in the country, but will not necessarily improve public safety.
Furthermore, the group evaluates that the discussion comes to light at a time when the pre-candidate for President of the PL, senator Flávio Bolsonaro (RJ), is experiencing damage to his image after the publication of conversations with former banker Daniel Vorcaro. According to deputies, the defense of the agenda is a maneuver to divert attention from the case.
One of the main representatives of the left in the Chamber’s CCJ, deputy Taliria Petrone (PSOL-RJ), anticipated her vote against the text reported by Colonel Assis on Monday (8). According to her, reducing the age of criminal responsibility does not address crime in a “serious and responsible” manner, but rather endorses the “genocide of a youth that is already systematically decimated by structural public security failures.”
In his opinion, the rapporteur said that the reduction of the age of criminal responsibility does not conflict with the Convention on the Rights of the Child, established by the UN (United Nations). The convention, however, defines a “child” as any person under 18 years of age.
Assis understands that the international treaty requires humanitarian and proportional treatment, but “does not prevent the criminal liability of adolescents, as long as extreme punishments are avoided”.
