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Ministers argue for maintaining criminal responsibility age at 18

The Justice minister believes reducing it to 16 years old would wreak
Yara Aquino reports from Agência Brasil
Published on 17/06/2015 - 15:15
Brasília
Os ministros da Justiça, José Eduardo Cardozo; e da SDH-PR, Pepe Vargas participam de conferência sobre os direitos dos adolescentes e as alternativas à redução da maioridade penal (Marcelo Camargo/Agência Brasil)
© Marcelo Camargo/Agência Brasil

 

O ministro da Justiça, José Eduardo Cardozo, participa de conferência sobre os direitos dos adolescentes e as alternativas à redução da maioridade penal (Marcelo Camargo/Agência Brasil)

Justice Minister José Eduardo Cardozo -  Marcelo Camargo/Agência Brasil

Justice Minister José Eduardo Cardozo says that the government advocates an increase in the time youths who commit heinous crimes spend at rehabilitation centers as an alternative to lowering the age of criminal responsibility from 18 to 16 years old. He further describes the reduction as a mistake that could lead to a chaos in the penitentiary system, which is already facing a shortage of 300 thousand beds.

“If the age of penal majority is lowered, we'll be faced with chaos in the Brazilian penitentiary system. Socioeducational measures will no longer be implemented, and regular criminal law will apply, bringing about an intake impossible to tackle, since there's a shortage of 300 thousand beds [as it is],” he noted. He went on to say that a new prison unit takes an average of four years to be built.

According to the minister, young offenders could spend up to eight years at special institutions or at dedicated facilities at socioeducational units, away from minors who committed less serious crimes. Cardozo also defended stricter penalties for adults who recruit children for perpetrating crimes.

In the view of the minister, who took part at a public hearing on the topic  Tuesday held by the Human Rights Commission of the Chamber of Deputies, the proposal comes as a response to what society has called for and what experts recommend, and does not have the side effect that all studies show in connection with a lower penal age.

He explained that such proposals are in accordance with the bill that increases the punishment handed down to adolescents in case of heinous crimes, which was endorsed by a report from the Senate's rapporteur, Senator José Pimentel, from the Workers' Party (PT).

The minister reiterated the government's stance against the age reduction, mentioning the lack of evidence that it would cut down violence.

Heard at the same meeting, São Paulo City Council Ari Friendenbach, father of Liana, a 16-year-old girl who was murdered along with her boyfriend by a teenager, also advocated the adoption of harsher penalties for youths in cases of rape, homicide, and abduction.

“In these cases, sentences would be shorter than those handed down to adults, and youths would serve time at specific units for children and adolescents. They'd never be sent to common prisons. We must think about units that really re-socialize these youths,” Friendenbach added.

O ministro Pepe Vargas (Direitos Humanos) participa de conferência sobre os direitos dos adolescentes e as alternativas à redução da maioridade penal (Marcelo Camargo/Agência Brasil)

Pepe Vargas Marcelo Camargo/Agência Brasil

Also during the hearing, Minister Pepe Vargas, head of the Human Rights Secretariat of the Presidency, presented data showing that most infractions committed by teenagers are theft, drug trafficking, and homicide, respectively.

In Vargas's view, reducing the age of criminal responsibility would make problems worse. He believes sending a 16-year-old to an adult prison would allow him to be recruited by criminal organizations. After being released, he would have no alternative but remain connected with the gang.

The bill that reduces the age of criminal majority to 16 regardless of the infraction perpetrated has already been approved by a commission specially formed for the case by the Chamber of Deputies. Deputy Eduardo Cunha, head of the lower house, announced that the vote on the bill will be held at a plenary session on June 30.

Another bill is also under debate at the Senate. Instead of the reduction, it suggests harsher punishments for young perpetrators of heinous crimes.


Translated by Fabrício Ferreira


Fonte: Ministers argue for maintaining criminal responsibility age at 18