A identidade “infante” como condição humana do sujeito constitucional: uma aproximação entre Michael Rosenfeld e Hannah Hrendt à luz da PEC 171/1993

Abstract

The present research seeks an approximation between the theoretical and philosophical perspectives of Michael Rosenfeld - about the identity of the constitutional subject - and Hannah Arendt - facing the human condition - in the search to understand the foundations that make up the protection, integral and priority, of youth in the 1988 Federal Constitution (art. 227). Furthermore, it aims to analyze a research problem, through a multiple-dialectical methodological perspective, about the fact that the Proposed Amendment to the Constitution 171/1993 (PEC 171/93), known as the PEC for the Reduction of Criminal Majority, can be seen as a possible driver of a harmful transformation of the identity of the constitutional subject, capable of transfiguring the entire system of protection of the human condition of the final Brazilian youth, it presents a conclusion in the sense that, after presenting arguments, from the aforementioned authors, who oppose to the referred PEC 171/93, to identify it as a possible instrument of violation of the fundamental rights of young people - children, adolescents and young people - Brazilians, above all, of violation of the principle of integral and priority protection of that youth.