Inconstitucionalidade da proposta de Emenda Constitucional nº 171, de 1993

Abstract

The Proposed Constitutional Amendment No. 171, 1993 - PEC, is engaged in the art of writing change. 228 of the 1988 Federal Constitution - CF / 88, giving it a new wording, and adding a single paragraph to provide that "are criminally incompetent minors under sixteen, subject to the rules of the special legislation". This study aims to make a legal analysis about the subject matter of the PEC, forward your violation of individual and collective rights made by minors in all of Brazil, and the inability to change them, since such fundamental guarantees were considered the Constituent Power creator of the current Constitution, as a matter protected by the immutable clauses. This protection prevents the publication of any legislative bill aimed at abolishing or changing the guidelines outlined in the art. 60, paragraph 4 of the CF / 88 exhaustive list where they are, among others, the protection of Rights and Guarantees single, therefore the modification of the article that deals with the criminal responsibility within the text Greater becomes, since its publication unconstitutional.