By Letícia Serafim
On March 31st, a step back was taken in the fight to guarantee human rights, especially for children and adolescents. On that day, the Constitutional Amendment Proposal (PEC) 171/1993, which reduces the age of criminal responsibility from 18 to 16 years old, was approved by the Chamber's Constitution and Justice Committee. To be approved by the Chamber, the proposal needs the approval of the special committee created to analyze the proposal and a vote in the Plenary, in two rounds, with the favorable vote of at least 308 deputies.
Promundo endorses the chorus of organizations and individuals who are seriously concerned about the future of this vote. We understand that reducing the age of criminal responsibility is a major setback, as it does not reduce violence and violates the Brazilian Constitution and the rights to protect children and adolescents. It is a measure that aims to further criminalize poverty in the country and specifically targets a social group that suffers the most violations in Brazil: poor, black youth living in outskirts and favelas.
If the proposal is approved and promulgated by Congress, young people aged 16 and 17 will be able to respond and be criminally punished as adults, in accordance with the Penal Code, and no longer under the ECA (Child and Adolescent Statute). Furthermore, this measure contributes to increasing the Brazilian prison population, which is already the 4th largest in the world, in a system that has a 40% vacancy deficit, and which admittedly does not fulfill the role of resocializing inmates.
The question that remains is: would young people who should be re-educated or resocialized have any chance in this context?
We are sure not.
According to the United Nations Children's Fund (Unicef), around 1% of homicides recorded in the country are committed by teenagers between 16 and 17 years old. This proves that teenagers are more victims than promoters of violence. A survey carried out by Amnesty International shows that 56 thousand people were murdered in Brazil in 2012, 30 thousand of whom were young people (between 15 and 29 years old) and, among them, 77% were black. These homicide rates are higher than countries in armed conflict.
We do not believe that incarcerating young people in a broken prison system can solve the problem of violence in the country. Young people, once inside this system, are even more exposed to violence, increasing the likelihood of reoffending rather than rehabilitation. It is necessary to review socio-educational policies and the reception system for young offenders before thinking about reducing the age of majority and, above all, it is necessary to invest resources and energy in education, in policies for youth and in preventing violence.
Promundo believes that this prevention occurs through the transformation of violent masculinities and the gender norms in which men are socialized. Norms that allow them, especially young people, to become more frequently involved in violent situations and also to be the main victims of homicides and violent deaths. The path to this is education to transform mentalities and attitudes and changes in public policies and laws that reinforce inequalities, as is the case with PEC 171/1993. It is in this sense that we position ourselves: in preventing violence and not in punishing it.
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