Chamber approves constitutional amendment reducing the age of criminal responsibility from 18 to 16 years; what now?

Written by Romário Pereira de Carvalho

Published on 11/06/2026 at 17:07

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PEC that reduces the age of criminal responsibility to 16 years was approved in the CCJ by 44 votes to 18, but will still go through a special committee, Chamber plenary, and Senate

The age of criminal responsibility from 18 to 16 years advanced this Wednesday (10) in the Constitution and Justice Committee of the Chamber of Deputies. The PEC was approved by 44 votes to 18 and now depends on the creation of a special committee before reaching the plenary, where it will need 308 votes in two rounds. This article includes data from G1.

Age of criminal responsibility will still have a new debate before going to the plenary

Approval in the CCJ does not mean an immediate change in the Constitution. The proposal will still go through a special committee, which should be created by the president of the Chamber, Hugo Motta (Republicans-PB), to discuss the content of the text.

Only after this stage can the PEC proceed to the Chamber plenary. To be approved, it will need the support of at least 308 deputies in two rounds of voting. If it passes the Chamber, the text will still need to be analyzed by the Senate.

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Age of criminal responsibility: What changes in article 228 of the Constitution

The PEC amends article 228 of the Constitution to establish that the age of majority is reached at 16 years. From this age, the person would be considered criminally responsible.

Today, article 228 determines that minors under 18 are not criminally responsible and are subject to the rules of special legislation. This is the central change maintained by the rapporteur, deputy Coronel Assis (PL-MT).

The original text was broader. In addition to reducing the age of criminal responsibility, it provided for mandatory voting for those over 16 and reduced the minimum age to run for elective offices.

In the original version, a 16-year-old could run for councilor. There were also changes in the minimum ages for president, senator, deputies, mayors, and councilors.

These points were removed by the rapporteur. According to Coronel Assis, the provisions dealt with political rights, a topic “unrelated to criminal responsibility,” and violated the “principle of unity of matter.”

Rapporteur says PEC does not violate international treaties

During the analysis, government supporters stated that the PEC disfigures fundamental rights and guarantees of the Constitution. For this group, the section could not be altered by amendment, as it is considered a constitutional clause.

The rapporteur defended a contrary understanding. Colonel Assis stated that the discussion about reducing the age of criminal responsibility does not violate the Constitution or international treaties ratified by Brazil.

According to him, criminal responsibility at 16 years old does not, by itself, constitute a violation of international human rights treaties, as long as the fundamental rights of the minor in the criminal process are preserved.

The report also mentions the need for different treatment compared to adults, a point cited by the rapporteur when defending the admissibility of the proposal.

Debate included obstruction, criticism, and defense of the proposal

Government deputies tried to postpone the vote in the CCJ. They presented obstruction requests, including a request to remove it from the agenda, but were defeated. The discussion, nevertheless, was prolonged.

Deputy Erika Kokay (PT-DF) stated that the amendment is unconstitutional. She said that the proposal seeks to place adolescents in an overcrowded prison system and remove fundamental guarantees and rights.

Deputy Talíria Petrone (PSOL-RJ) also criticized the matter. For her, the proposal does not solve the public security problem and represents a false solution.

Among the supporters, Deputy Lucas Redecker (PSDB-RS) said that adolescents aged 16 to 18 often commit crimes due to a sense of impunity. He cited cases where young people would be used by criminal factions.

Discussion was separated from the Public Security PEC

The reduction of the age of criminal responsibility was included in the Public Security PEC, a proposal originally presented by the government of President Luiz Inácio Lula da Silva (PT) without this provision.

However, the text ended up being brought to a vote without the section on changing the age of criminal responsibility. On that occasion, Hugo Motta stated that the discussion would be addressed in a separate text.

The argument used by Motta was the risk that the entire Public Security PEC would be rejected in the Senate if the reduction of the age of criminal responsibility remained in the text.

This article was prepared based on information from G1 about the vote in the CCJ of the Chamber of Deputies, with data, numbers, and statements preserved according to the material consulted.

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Chamber approves constitutional amendment reducing the age of criminal responsibility from 18 to 16 years; what now?

PEC that reduces the age of criminal responsibility to 16 years was approved in the CCJ by 44 votes to 18, but will still go through a special committee, Chamber plenary, and Senate

Age of criminal responsibility will still have a new debate before going to the plenary

Age of criminal responsibility: What changes in article 228 of the Constitution

Rapporteur says PEC does not violate international treaties

Debate included obstruction, criticism, and defense of the proposal

Discussion was separated from the Public Security PEC

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Chamber approves constitutional amendment reducing the age of criminal responsibility from 18 to 16 years; what now?

PEC that reduces the age of criminal responsibility to 16 years was approved in the CCJ by 44 votes to 18, but will still go through a special committee, Chamber plenary, and Senate

Age of criminal responsibility will still have a new debate before going to the plenary

Age of criminal responsibility: What changes in article 228 of the Constitution

Rapporteur says PEC does not violate international treaties

Debate included obstruction, criticism, and defense of the proposal

Discussion was separated from the Public Security PEC

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