Reduction of age of criminal responsibility and psychiatry
DOI:
https://doi.org/10.25118/2236-918X-6-2-4Keywords:
Forensic psychiatry, criminal responsibility, young offendersAbstract
The debate on the reduction of the age of criminal responsibility has been increasingly present in our society. Public pressure has culminated in the approval of the reduction of the age of criminal responsibility at the House of Representatives. The change in the Brazilian penal law will proceed if the Senators decide that younger people will be held accountable for their actions. In the debates on the subject, the suggestion of subjecting offenders to psychiatric or psychological evaluation often arises. In fact, recently, in certain cases of major public interest, the judiciary has resorted to psychiatry to justify the confinement of criminal offenders, a situation that occurs almost in defiance of the law. One of the most iconic examples of how psychiatry is used in such process is the case of the Experimental Health Unit in the state of São Paulo, where one of the most famous murderers in the country, Champinha, is being held in custody. His case allows for discussion on the topic of legal age of criminal responsibility and its relationship with psychiatry. As advised in this paper, care should be taken so as to prevent psychiatry and psychiatrists from being used in the search for legal shortcuts to ensure justice outside the law. So, if the Brazilian society decides to reduce the age of criminal responsibility, it should be done respecting the applicable legal procedures and through legislative changes, and not using psychiatry to create exception situations.
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