Children and adolescents in the context of criminal associations and criminal organizations:

in-creasing offense level which might reduce the quantum of the total punishment

Abstract

After Throughout history, children and adolescents who were initially invisible and had no differential treatment came to be understood as special subjects of rights, deserving of full protection. In this evolution, there was a transition phase in which the state action, but admitted his adult distinction was all young people: offenders, victims of abuse or abandoned, with the criminal law. In this intermediate stage of evolution of the right of children and adolescents was enacted Law nº 2.252/54 making the typical behavior of corrupting minors, understood as the adult act, taking advantage of the immaturity of the young leads to crime. This law was repealed by Law nº 12.015/2009, which entered the art. 244-B to the Child and Adolescent and kept the corruption of minors as a criminal offense, but extended its reach. The same Law nº 12.015/2009 modified the old offense of conspiracy or flock, which now provides new cause penalty increase in crime hypothesis with participation of children and adolescents. Similarly, Law nº 12.850/2013, which defines criminal organization, established penalty aggravation if the offense is committed with a child or adolescent. However, the specific provision of penalty increased chance for adults who practice the association of offenses and criminal organization with the participation of children and adolescents would, in practice, less punishment because configured only crime offenses and no more contest.