THE INSUFFICIENCY OF THE AGE CRITERION IN ESTABLISHING IMPUTABILITY

Age and crimes

Abstract

The article examines the inadequacy of age as a criterion for defining criminal responsibility in Brazil, especially in cases involving sexual offenses, arguing that the relationship between age, discernment, and criminal liability involves more complexity than the current legal standards suggest. Based on the legal concept of imputability, the study considers biopsychological and social factors and employs a dialectical approach to analyze both legislation and judicial decisions, highlighting inconsistencies in the existing criteria. In this context, it demonstrates that Brazilian law, by relying solely on age, overlooks important nuances of human development, which undermines adequate protection for minors in cases of sexual violence. Specifically, it is observed that legal interpretations often tend to downplay the severity of sexual violence, treating it leniently when adolescents are involved. Thus, the study suggests that a revision of the legal framework is necessary to include not only age but also cognitive capacity and social context, ensuring that legal protection is effective and aligned with real-world complexities. Consequently, the conclusion reinforces the need for a more comprehensive and protective normative model that considers youth vulnerability holistically and promotes consistent application of the law.