The legal contradiction in the civil and political capacity of young people

Reflections on the right to vote and the capacity for civil acts

Abstract

This article analyzes the legal contradiction existing in the Brazilian legal system between the civil and political capacity of young people, specifically the incongruence between civil majority established at 18 years by the Civil Code and political capacity conferred at 16 years by the Federal Constitution. Through bibliographic review of scientific sources from the SciELO platform and doctrinal analysis, the study examines the theoretical and practical implications of this normative contradiction. The research demonstrates that 16-year-olds, although considered relatively incapable for civil life acts, have the capacity to exercise fundamental political rights such as voting. This inconsistency raises questions about the coherence of the Brazilian legal system and demands reflections on possible legislative harmonizations. The work concludes that the identified contradiction reflects different conceptions of maturity and responsibility present in the legal system, suggesting the need for doctrinal and legislative review for greater systemic coherence.