Joint statement to the Human Rights Council on the Age of Criminal Majority in Brazil

Geneva, 14 September – 2 October 2015

Item 3: GeneralDebate following the High Commissioner Thematic Reports.

Mr. President,

In Brazil, articles 23 of the 1940 Penal Code and228 of the 1988 Federal Constitution set the age of criminal majority forchildren and adolescents to 18. Notwithstanding, the constitutional amendment171/1993 adopted twice in July and August 2015 by the Chamber ofRepresentatives aims at reducing the age from 18 to 16, which allows for treatmentof children under adults regime, either in court or while in detention.

This ongoing legislative reform process is incompatiblewith UN recommendations to the country and a step backwards from Brazil’snational and international commitments.In addition, it contributes to further stigmatizing adolescents as criminals whileplaying with negative prejudice of the public opinion towards children inconflict with the law.

Theescalation of violence and the number of children and adolescents in conflictwith the law are the result of multiple factors, including school drop-out and highrate of unemployment among young people, families’ desegregations, extremepoverty of the majority of the population, especially Afro descendants andindigenous people, leading to multifaceted violence as well as difficulties inaccessing economic, social, cultural, civil and political rights yet guaranteedas a matter of priority to children and adolescents by article 227 of theConstitution.

If the amendment is endorsed by the Senate, itsimmediate consequences will be over-incarceration and overcrowding risks.Indeed, applying the adultjustice regime to children and adolescents aged 16-18 will increase prisonpopulation as the reform aims at establishing a repressive approach tosupposedly deter from offence commission and maintain adolescents offenders indetention. On the contrary, the Working Group on Arbitrary Detention in 2013[1]and the Special Rapporteur on Torture during his August 2015 in situ visit to Brazil[2]have highlighted how overcrowding increases thelevel of violence, torture, inhuman and degrading treatments, jeopardizes children’smental and physical health, integrity and security, and resultsin inhumane sanitary conditions. Overcrowding conditions also deny access toessential services such as food, medical care, as well as opportunities forvisits, and ultimately may compromise reintegration efforts.

Our organizations recommend that Brazil:

- - Ends the ongoing constitutional reformprocess aiming at lowering the age ofcriminal majority for children and adolescents;

- Tacklesthe root-causes of insecurity and violence against children and adolescents aswell as their involvement in criminal activities by providing inter alia alternative care to childrenand adolescents deprived of family protection, and implements programsfostering access to education for all children, effective support to families,and vocational training for adolescents.

- Strengthens and extends the implementationof Law 12.594/2012 on the SistemaNacional de Atendimento Socioeducativo (SINASE) providing for a restorativejustice approach that peacefully settles cases between victims and offenders,families and communities in order to heal feelings, restore relationships, andwork on responsibility and redress.

Thankyou Mr. President.

[1] A/HRC/27/48/Add.3(2013), §§ 84-100 & 120-128.

[2] See press release from Juan Ernesto Méndez, UN Special Rapporteur on torture and other cruel, inhuman ordegrading treatment or punishment, August 2015.