José
Antônio Soares de Abreu
Bachelor's
degree in Legal and Social Sciences (Law). Master's degree in Education. Email:
soares.jasa@gmail.com
Sérgio
Rodrigues de Souza
Bachelor's degree in Political Science (UNINTER). Undergraduate student
in International Relations – MULTIVIX. Post-Doctorate in Psychology. Email:
srgrodriguesdesouza@gmail.com
ABSTRACT
This essay addresses
the issue of the end of the institution of criminal majority, in which it seeks
to clarify the fact that, given the advances in psychological sciences
regarding the behavior and consciousness of individuals in conflict with the
law, aware of the risks and damages invoked against themselves and third
parties, the maintenance of a legal scope that overprotects this individual,
transforming him into someone incapable from a legal and psychological point of
view, is contrary to sociological and pedagogical development. Its scientific
relevance lies in the fact that it discusses a legal issue that has become
urgent, from sociological and psychological aspects. Its social relevance lies
in presenting to the general public the mechanisms of legal protection for
children and adolescents against vulnerabilities that have become instruments
of terror and threats to public order. This is a bibliographical essay, based
on national and international authors and on the systematic study of Brazilian
law, on which the creation and maintenance of such a legal institution was
based, whose naive interest is to protect children and adolescents. The aim of
this essay is to have a broad and technical discussion about the elimination of
the institution of criminal majority, in which delinquents would no longer be
judged according to their respective ages, analyzing whether or not they are
accountable according to the law; however, they would be subject to arbitrary
judgment according to the degree, lethality of their actions and the damage
caused by them to third parties. It is concluded that the end of the
institution of criminal majority is intended to protect society from the shady
interests of groups that have become manipulators of justice, taking as their object
of individual protection a cause that, a priori, and in the early days of
Brazilian justice, demonstrated [or seemed] to be of a noble nature.
Keywords: Criminal majority. Children's and adolescents' rights. Positive law . Public policies.
Reviewed by Current Scientific Journal
on
janeiro 23, 2026
Rating:
