Whenever a shocking crime is reported in the media in Brazil, social networks fill with calls for tougher punishment laws. This is especially true when the suspects are teenagers. Given the high level of violence in Brazil, it is understandable that many people feel unsafe. And it makes perfect sense that they demand more actions from the authorities to protect them.
Now, Brazilian senators are debating a constitutional amendment that would allow some 16 and 17-year-olds to be tried and punished as adults.
Proponents of the amendment argue that these children would only be tried and punished as adults in “specific and extraordinary” cases, such as homicide, kidnapping, rape, and recidivism in armed robberies. In the state of São Paulo, about 40% of the children detained this year have been accused of armed robbery.
Organizations opposed to the measure argue that it adopts an approach to juvenile offenders that is not only ineffective but very likely counterproductive. Human Rights Watch, for example, argues that time in prison can make children more prone to falling into a life of crime as adults. They emphasize that studies in the United States show that teenagers tried and punished in the criminal system are more likely to commit crimes after being released.
The amendment has been approved by the Chamber of Deputies.