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Jeymyson Alves
ESL-401
Nahal Sadek
April 27, 2015

Juvenile Criminal Age Reduction: A band -aid solution before more serious problem arises.
It is instinctive that at the base, all societies punish those who practice illegal activities.
However, the intensity of this punishment and who must be penalized harder is still a controversial
discussion around the world (Council, Juvenile Justice). Recently the Brazilian congress approved
for discussion a PEC (amendment to the constitution) to reduce the age when people must be
penalized in a common justice for practice of criminal activities. Currently the Brazilian law,
predicts the judgment in common justice of juvenile over the age 18. The intent of this new law is to
reduce the age, when juvenile can be prosecuted for crimes, to 16. This issue has been discussed in
the Brazilian congress since 1996, when the congressman Jair Bolsonaro, one of the leader of the
movement, proposed the first PEC for the reduction. The law has been held in the congress for
approximately 20 years, due to the strong progressivism and history of human rights advocation of
the parties that compose the congress. However, with the election of 2014 and the new composition
of the congress, with more conservative politicians, the proposal was reborn stronger.The main
group responsible for held the discussion of the reduction of the age is the bancada de bala (bullet
caucus), group composed by ex police office, militaries and people linked with public security. The
proposal has been strongly opposed by several human rights organizations. The president of the
republic Dilma Rusself argued in her speech that the reduction of juvenile criminal age is not the
solution to the problem. President Rusself is part of workers party (PT) a political party with
historical left-wing ideology and a strong advocate for human rights. Despite the support of the

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president against the reduction, the actual political conjuncture leads to the definitive approval of
this proposition, with high support of the population. Polls about the law show that more 90% of the
Brazilian population is favorable to the reduction of criminal age among juvenile. Despite all the
feelings of justice around the reduction of criminal age, it is important to think that this proposal
does not solve the juvenile delinquency, and also makes the problem even worse (Campos, Marcelo
da Silveira.).
It is common sense between the supporters of the PEC (an amendment to the
constitution),that the majority of crimes are practiced by adolescents. According to Laerte Bessa
congressman, for the Federal District (DF) around 65% of violent crimes practice in Brazil are
perpetrated by adolescents between the age of 16 to 18. Congressman Alberto Fraga, also from DF,
claims that 30% of all crimes are committed by adolescents (Reduo da Maioridade Penal).
Despite the variety of statistics presented by the supporter of the new law, that suggests a
strong participation of adolescents in the perpetration of crimes in Brazil, dates from the ministry of
justice suggest that only 1% of the crime in Brazil is committed by juvenile. When violent crimes
such as homicide is analyzed the percentage is even lower, 0.5% of the crimes.
The pro-reduction group also argued that the incarceration of juveniles will reduce the
criminality. This thought is based on the idea, that most of the deceits are perpetrated by adolescents.
For those who support the idea of juvenile age reduction, the prison of juvenile, also will guarantee
that those who commit crimes, stays in jail, and who are outside become afraid to commit criminal
action, fearing going to prison.
However, many experiences of reducing criminal age in the world, showed that the idea of
reduction of criminality is not factual. According to Jefrey A. Butts and John K. Roman, the attempt
to lowered the criminal age for juvenile in some American state does not, by itself reduced the crime

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among adolescents, according to the authors , the violence trends in the next ten years , became
even worse in two of the three states that lowered the age during the 1990s (Butts, Jeffrey A., and
John K. Roman).

Figure 1: Percent change in total violent crime (adult and juvenile) relative to 1980
Data Source: FBI, Uniform Crime Reports, prepared by the National Archive of Criminal Justice
Data[http://www.ucrdatatool.gov/].

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As illustrated in figure 1, the change of the age, does not support the idea of public safety,
when the age of prosecution in common justice is lower. The percentage of drop in violent
crimes over 30 years in New York, state that prosecute youth at the age of 16, deny the
hypothesis of public safety. There were only 40% percent changes in total violent crime, while in
Pennsylvania, state that prosecute youth at the age of 18, the change reaches a value of
approximately 100%.
Furthermore, there is clear conflict between those who support the reduction of age and
those who do not support, as regard the level of awareness of adolescents that commit crime.
According to Jair Bolsonoro, if the 16 year old adolescent is conscious enough to vote in brazil,
he must be responsible also for the crimes that he committed. Most of the supporter of age
lowered, rely on this affirmation. For them, adolescents has plenty awareness of their acts, even
in a lower age than 16 (Prado, Polliana at all).
In contrast, an expert panel assembled by the national Academic of Science in 2012-2013,
suggests that adolescent differ from adult and children in three important ways that lead to
behavior differences. First, adolescent has a lack of mature capacity of self regulation in
emotionally changes, second, adolescent has a heightened sensitivity to proximal external
influences, and third adolescent show less ability to make judgments and decisions that require
future orientation. The combination of these three aspect lead adolescent to engage in risky
behavior, that has immediate reward, but also can lead to harm to self or others (Bonnie et al.
2013).
Moreover, the idea of impunity for adolescent that practice illegal acts creates a strong
opposition against the current legislation by the Brazilian population. For them, adults recruit
adolescents, mainly for works in drug traffic, because they know that adolescents will suffer

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slight punishment.
According to the attorney and professor of criminal law Janaina Pascal, there is a clear
misunderstood about punishment of juvenile in brazil. Pascal states that, the ECA (adolescent
and children bylaws) foresee several punishment for delinquent youth, sometimes this
punishment are even worse than in common justice. Pascal, also states that despite the good
structure of the juvenile system in So Paulo, where the adolescent can study. In most part of
brazil, the juvenile prisons are similar or even worse than the common prison. Furthermore, the
inside of rehabilitation in the juvenile prison is greater than in the common prison (Bernardes.
Ftima). According to data from the justice ministry, 70% of prisoners of common justice in
brazil practice crimes again, while just 20% of the prisoners of juvenile justices back to criminal
activities. In general,
The debate about age reduction for juvenile crimes is a sensitive problem. Despite the
large number of Brazilians supporting the change in the law for the reduction of juvenile crime
age, it is important to deeply analyze the consequences of this change. It is known that the prison
system in brazil has a terrible infrastructure, that does not contribute to the main objective of the
jail, what is the rehabilitation of the individual to society. Most of the prisoners, when get out of
the system, go back to the society even worse than when they get in. It is important to think if we
want to create worse delinquents for our society, in view that in the stage of adolescence , the
human-being is more susceptible to be influenced , and the Brazilian prisons is full of all bad
influences that this adolescent can have. Furthermore, for beyond the discussion of more several
law for adolescents, it is important to discuss the root of these problems. The majority of
juveniles who get involved with criminality, live in places where education, heath and other
social rights are offered in precarious form, if it is offered. The stronger support for the change

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in the law, should be directed for a movement that requires from our government a high quality
in education health and other social rights for those who is living at the margins of our society
(de Argolo, Francisco Sales). This way, abolishment or drastically reduce in criminality among
adolescents could be possible. Indeed, the reduction of the age will just mean band-aid solution
of the state before more serious issues arise.
In conclusion, despite all the feeling of impunity that push the Brazilian society to support
this change in law, the reduction of juvenile criminal age will not be a solution for juvenile
criminality . Adolescents will still be recruited by criminal organizations, if a change in the base
of our society, to guarantee minimum rights for those at the margins, do not happen.
Furthermore, the Brazilian justice system must adequate itself to punish harder violent crimes
prosecuted by adolescent, however, keeping in mind the importance of rehabilitation.

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Worked Cited
Council, Juvenile Justice. "The Minimum Age of Criminal Responsibility." (2011).
Campos, Marcelo da Silveira. "Mdia e Poltica: a construo da agenda nas propostas de
reduo da maioridade penal na Cmara dos Deputados." Opinio Pblica 15.2 (2009): 478-509.
Reduo da Maioridade Penal. Profisso Reporter. TV Globo. Rio de Janeiro , Brasil , 2015.
Television.
Butts, Jeffrey A., and John K. Roman. "Line drawing: raising the minimum age of criminal court
jurisdiction in New York." Research and Evaluation Center, John Jay College of Criminal
Justice, City University of New York (2014).
Prado, Polliana Olvia Salami, and Vnia Maria Bemfica Guimares Pinto Coelho. "REDUO
DA MAIORIDADE PENAL.
Bonnie, Richard J., et al., eds. Reforming juvenile justice: A developmental approach. National
Academies Press, 2013.
Bernardes , Ftima. Interview with Janaina Pascal. Rio de Janeiro, Brasil , 2015. Broadcast.
de Argolo, Francisco Sales. "Reduo da maioridade penal: uma maquiagem nas causas da
violncia." (2007).