ECONOMICS, BUSINESS AND THE LAW – CONSEQUENCES AND IMPACTS
SHIELDING MINORS FROM THE DANGERS OF ALCOHOL
ECA IS STRENGTHENED BY STJ PRECEDENT 669
In a worrying scenario of early alcohol consumption by children and adolescents, the Statute of the Child and Adolescent (ECA) emerges as a shield, now supported by Precedent 669 of the Superior Court of Justice (STJ), which further strengthens the defense of children and adolescents.
This Precedent, established in 2024 by the STJ, reinforces article 243 of the ECA, making it a crime to supply alcoholic beverages to minors, which was previously only treated as a misdemeanor.
Article 243 of the ECA – in force since 1990 and amended by Law 13,106 of March 17, 2015, which repealed item I of art. 63 of Decree-Law No. 3,688 of October 3, 1941 (Criminal Offenses Law) – reinforced the protection of children and adolescents.
Legislation already recognized this as a crime, predicting the dangers of early consumption of alcohol and other addictive substances for the physical and mental development of children and adolescents, and criminalized the sale, supply, service, administration or delivery of these substances to minors. However, the expression “products whose components may cause physical or psychological dependence” raised doubts about the inclusion of alcohol, weakening the application of the law.
Precedent 669 of the STJ resolved this gap in a decisive manner, making it clear that alcohol is included in this category of products, making the crime more comprehensive and combating the sale and supply of alcoholic beverages to minors more effectively.
This measure represents a milestone in the fight against this problem, typifying this crime and recognizing the seriousness of early alcohol consumption and its negative impacts on the lives of young people and consequently on society.
An in-depth look at Article 243
“Art. 243. To sell, supply, serve, administer or deliver, even free of charge, in any form, to a child or adolescent, alcoholic beverages or, without just cause, other products whose components may cause physical or psychological dependence:
Penalty – detention, from 2 (two) to 4 (four) years, and a fine, if the fact does not constitute a more serious crime.”
Law No. 8.069, of July 13, 1990, which provides for the ECA, art. 2 (which considers a child to be a person up to 12 years of age and an adolescent to be a person between 12 and 18 years of age), comes into force with the addition of the following art. 258-C:
“Art. 258-C. Failure to comply with the prohibition set forth in item II of art. 81:
Penalty – fine from R$ 3,000.00 (three thousand Brazilian Reais) to R$ 10,000.00 (ten thousand Brazilian Reais);
Administrative Measure – interdiction of the commercial establishment until the fine imposed is paid.”
Article 243 of the ECA defines five types of conduct as a crime:
sell: carrying out formal or informal commercial transactions involving alcoholic beverages or products that cause dependency in minors;
supply: any act of giving, including offering or delivering a drink;
serve: making it available, such as in a bar or restaurant;
administer: applying or administering the substance, such as in a medical context;
deliver: leaving the drink at someone’s disposal, even without direct contact.
The law is clear: selling, supplying or otherwise making available alcoholic beverages or addictive substances to minors is a crime.
This measure aims at protecting children and adolescents from the dangers of early consumption of substances that can cause addiction and lead to various health problems, such as liver disease, neurological and psychological problems, as well as increasing the risk of accidents and violence.
Practical examples for a clear understanding of the scope of Precedent 669
To illustrate the application of Article 243 and Precedent 669, let’s look at some practical examples.
- Traders: A trader who sells alcoholic drinks to a 16-year-old, regardless of whether or not they are aware of their age, commits a crime under Article 243 of the ECA, subject to the sanctions and penalties provided for therein.
This offense has now been reinforced by Precedent 669 of the STJ, clearly holding the agent responsible and making it clear that the sale of alcoholic beverages to minors is a crime, regardless of the purchaser’s apparent age.
- Private parties: Parents who allow their minor children and their friends to consume alcohol at private parties are also committing a crime. The criminal liability is direct, even if the party is celebratory. Precedent 669 reinforces this message, warning parents of the serious consequences of allowing their children to consume alcohol.
- Public events: Organizers of public events who provide alcoholic beverages to teenagers, even for free, are committing a crime. Inspection at events of this kind must be rigorous to prevent illegal supply. Precedent 669 contributes to intensified inspection and to holding event organizers accountable.
Prevention: a fundamental pillar in the fight against alcohol
In addition to punishment, prevention is fundamental in the fight against early alcohol consumption. It is essential that families, schools, communities and public authorities work together to raise awareness about the dangers of alcohol and promote a culture of health and responsibility.
Conclusion
STJ Precedent 669, together with Article 243 of the ECA, represents a decisive step forward in protecting children and adolescents from the dangers of early consumption of alcohol and other addictive substances. By strengthening legislation and punishing offenders more rigorously, the precedent contributes to building a safer and healthier future for new generations.
Traders and employees of establishments that sell alcoholic beverages need to be made aware of the need to demand an identification document from consumers, as this will not only comply with the law, but also exempt them from liability for this crime, which could lead to serious consequences, including the interdiction of the commercial establishment.
