Brazil lawmakers advance bill to lower criminal age to 16

A commission in Brazil's Chamber of Deputies has approved the start of a constitutional amendment process to lower the age of criminal responsibility from 18 to 16 for serious crimes. The proposal, backed by allies of presidential candidate Flávio Bolsonaro and supported by center-right forces, passed the Constitution and Justice Commission with 44 votes in favor and 18 against.

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It is a fallacy to claim that reducing the criminal age will solve the problem. The problem lies in demagoguery and easy discourse during electoral periods.

The project, presented less than four months before the October elections, has sparked heated debates for weeks between Bolsonaro's supporters and progressive forces, who label it "demagogic." "It is a fallacy to claim that reducing the criminal age will solve the problem. The problem lies in demagoguery and easy discourse during electoral periods," stated Deputy Talíria Petrone.

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If a person has a family member or loved one who was a victim of homicide committed by someone 18 or 19 years old, the feeling is that person should rot in jail. But if the perpetrator is 17 or 16 years old, then no. (...) Where is the rationality for a mother, a father, or a family that lost a child to murder?

Flávio Bolsonaro, the eldest son of former President Jair Bolsonaro, strongly advocates for lowering the criminal age and promises a tough stance against crime, a major concern for Brazilians. Deputy Jonildo de José Assis echoed the sentiment of impunity felt by victims' families. "If a person has a family member or loved one who was a victim of homicide committed by someone 18 or 19 years old, the feeling is that person should rot in jail. But if the perpetrator is 17 or 16 years old, then no," he argued.

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The Brazilian penitentiary system already lacks the capacity to imprison even all adults convicted of serious crimes. There are no spaces for these youths in adult prisons, nor is there an intermediate structure to receive them.

However, State Prosecutor Danielle Tuoto of Paraná expressed concerns about the proposal's practical implications and the capacity of Brazil's prison system. "The Brazilian penitentiary system already lacks the capacity to imprison even all adults convicted of serious crimes. There are no spaces for these youths in adult prisons, nor is there an intermediate structure to receive them," Tuoto told EFE. She warned that without prison space, judges might opt to release minors, effectively freeing 16- to 18-year-olds who could otherwise be under socio-educational measures.

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The practical effect would be to release 16- to 18-year-old youths who could today be serving socio-educational measures.