Redução da maioridade penal: encontrando os limites da lei

Abstract

This paper discusses the motivations of the proposal to reduce the age of criminal responsibility and the ideological manoeuvres that sustain it within society. For such, it´s rooted in a historical rescue that revisits the notion of crime and how it diffuses in each society, pointing out thatthe normative resources that are established are limited ans ideologically constructed. Thus, abstract parameters that define and stigmatizecriminals are established, configuring a criminogenic effect, which demonstrates how the formulation and operationalization of laws expose the slavery heritage in neoliberal Brazilian society. This punitive approach is sustained by generalist knowledge in the form of absolute truth. Through the articulation of propositions of Foucault and Lacan, which converge in the understanding of discourse as a symbolic order in society, this research aims to strip criminology from common sense in search of its irreductible point of dialectical character. Psychoanalysis will contribute to the critical criminology by bringing to this dialectical rescue the dimensiono of the subject of the unconscious; na incidence that escapes knowledge.