It will be resumed, this Tuesday (09), the discussion on the Proposed Amendment to the Constitution (PEC) 32/2015, which reduces the age of criminal responsibility from 18 to 16 years old. The debate will be held by the Constitution and Justice Committee (CCJ) of the Chamber of Deputies, being the only item on the collegiate’s agenda.
The project has been in transit for some time in higher authorities, having been presented in 2015 and appearing in the committee since 2016. At the time, the then president of the Chamber of Deputies, Eduardo Cunha, guided the PEC and achieved a majority to approve the text, but the project was shelved by the Federal Senate. Currently, the rapporteur is from deputy Coronel Assis (PL-MT), who presented a favorable opinion to advance the proposal.
In the text, the parliamentarian argues that reducing the age of criminal responsibility does not violate essential clauses of the Constitution and, therefore, can be subject to constitutional amendment. The rapporteur also proposed that the PEC deals exclusively with criminal liability, removing from the text the changes on civil rights and electoral rules provided for in the original proposal.
Voting was postponed on two recent occasions
The delay in continuing the voting process occurred on more than one occasion. The most recent took place on May 27, when a request for review was presented by government deputies Erika Kokay (PT-DF), Orlando Silva (PCdoB-SP), Sâmia Bomfim (PSOL-SP) and Talíria Petrone (PSOL-RJ). Previously, on May 19, the postponement was due to the beginning of the Plenary Agenda, a regulatory rule that prevents other votes in the CCJ.
: PEC 8/2026, which restricts the criminal liability of minors to cases of heinous crimes or extreme cruelty, and PEC 9/2026, which broadly reduces imputability to 16 years and provides punishment for adolescents aged 12 and over in violent crimes.
In the CCJ, deputies do not consider the merits of proposals. The analysis is limited to the compatibility of texts with constitutional norms. To be approved, the PEC needs a simple majority in the commission, that is, the positive opinion of at least 308 deputies. If approved, the PECs go to the special committee before going to the plenary.
The majority of the Brazilian population is in favor of change
Real Time Big Data survey, from May 5th this year, are in favor of reducing the age of criminal responsibility to 16 years. According to research, 90% of respondents support the changewhile 8% were against it and 2% were unable to answer.
The theme also finds support among both left-wing and right-wing voters. When separating by political spectrum, 87% of supporters of President Luiz Inácio Lula da Silva (PT) are in favor, while 10% are against and 3% were unable to respond.
The scenario also is positive for the measure among voters of senator Flávio Bolsonaro (PL-RJ). At least 96% support the reduction, while 2% are against it and another 2% were unable to respond. Despite the support of the Lulista base, the agenda is rejected by the current president, who does not intend to explore the issue in the campaign. On the other side of the dispute, Flávio Bolsonaro intends to use it as one of the axes of the electoral campaign in this year’s dispute.
