House committee approves reduction of the age of criminal responsibility.

Marcello Larcher, Chamber of Deputies Agency - The Constitution, Justice and Citizenship Committee (CCJ) approved on Tuesday the separate vote of Congressman Marcos Rogério (PDT-RO), in favor of the admissibility of PEC 171/93, which reduces the age of criminal responsibility from 18 to 16 years. There were 42 votes in favor and 17 against - a result that generated protests from demonstrators present at the meeting.

Previously, the report by Luiz Couto (PT-PB), which opposed the proposal, had been rejected. Couto argued that the proposal violates an entrenched clause of the Constitution, which would make it unconstitutional.

In the winning opinion, Marcos Rogério states that reducing the age of criminal responsibility "aims to prevent young people from committing crimes with the certainty of impunity." He argued that the age for criminal liability is not immutable. "I don't believe that the precept to be changed is an entrenched clause, because this is a right that changes in society, within certain limits, and that can be studied by the deputies," he said.

Representative Alessandro Molon (PT-RJ) lamented the outcome: "We are deciding to send adolescents, whom society supposedly wants to rehabilitate, to a failed system with extremely high recidivism rates. It's a huge contradiction."

The PT, PSOL, PPS, PSB, and PCdoB parties voted against the proposal. The parties in favor of approving the admissibility were PSDB, PSD, PR, DEM, PRB, PTC, PV, PTN, PMN, PRP, PSDC, and PRTB. Those that allowed their members to vote freely because there were deputies both for and against were: PMDB, PP, PTB, PSC, SD, Pros, PHS, PDT, and PEN.

Conduct

In the admissibility review, the CCJ (Committee on Constitution, Justice and Citizenship) only analyzes the constitutionality, legality, and legislative technique of the proposed constitutional amendment. Now, the Chamber will create a special committee to examine the content of the proposal, along with 46 amendments presented in the last 22 years, since the original proposal began its legislative process in the House.

The special committee will have 40 plenary sessions to issue its opinion. Afterwards, the proposed constitutional amendment must be voted on by the Chamber's plenary in two rounds. To be approved, it needs at least 308 votes (3/5 of the deputies) in each of the votes.

After being approved in the Chamber of Deputies, the PEC will go to the Senate, where it will be analyzed by the Constitution and Justice Committee and then by the Plenary, where it needs to be voted on again in two rounds.

If the Senate approves the text as received from the Chamber of Deputies, the amendment is enacted by the presiding officers of both the Chamber and the Senate. If the text is altered, it returns to the Chamber of Deputies for another vote.