Lula's government expresses opposition to reducing the age of criminal responsibility after reporter confirms plebiscite in PEC
The Brazilian government under President Lula is opposing the proposed reduction of the age of criminal responsibility from 18 to 16 years.
The government of President Lula has voiced strong opposition to the proposed reduction of the legal age of criminal responsibility, following a confirmation from PECC's rapporteur, MendonΓ§a Filho, regarding the holding of a plebiscite in 2028 to potentially change the age. In an official statement, the Ministry of Human Rights declared that such a reduction is unconstitutional and ineffective in combatting violence, while also highlighting its incompatibility with Brazil's international commitments and public policy frameworks.
The ministry reiterated that altering the age of criminal responsibility would violate the Federal Constitution of 1988, specifically noting that Article 228 states minors under 18 are not criminally accountable and are instead subject to special legislation. This protection is characterized as a fundamental right that cannot be eliminated through constitutional amendment. The government emphasizes the importance of maintaining the current legal framework that supports teenage rehabilitation rather than punitive measures.
Furthermore, the ministry argues that adolescents possess a higher potential for reintegration into society and that reducing the age would fundamentally disrupt this mechanism. This debate reflects broader discussions in Brazil about youth justice reform and how best to address youth crime without compromising the rights of young individuals. The impending plebiscite, set for 2028, will add further political dimensions to this contentious issue.