Capital punishment in Brazil

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== Capital punishment in Brazil ==

Capital punishment in Brazil refers to the legal process whereby a person is put to death by the state as a punishment for a crime. Brazil is one of the countries that has abolished the death penalty for ordinary crimes, but it remains a legal punishment for certain military offenses during wartime.

Historical Background

Capital punishment has a long history in Brazil, dating back to the colonial period when the country was under Portuguese rule. During this time, executions were carried out for a variety of crimes, including murder, theft, and rebellion. The methods of execution included hanging, firing squad, and the garrote.

Abolition for Ordinary Crimes

In 1889, Brazil became a republic, and the new government began to move away from the use of capital punishment. The death penalty for ordinary crimes was officially abolished in 1890 with the enactment of the new Penal Code. This move was part of a broader trend towards the abolition of the death penalty in many countries around the world during this period.

Current Legal Status

Today, the death penalty is prohibited for ordinary crimes under the Constitution of Brazil, which was adopted in 1988. Article 5, item XLVII of the Constitution explicitly states that "there shall be no death penalty, except in case of declared war, as provided by military law."

Military Law

Under the Brazilian Military Penal Code, the death penalty can still be imposed for certain military offenses committed during wartime. These offenses include treason, espionage, and other serious crimes that threaten national security. However, Brazil has not been involved in a declared war since World War II, and no executions have been carried out under military law in recent history.

Public Opinion

Public opinion on capital punishment in Brazil is mixed. Some segments of the population support the reintroduction of the death penalty for heinous crimes, such as murder and rape, citing concerns about crime rates and the effectiveness of the criminal justice system. However, human rights organizations and many legal experts argue against the death penalty, emphasizing the risks of wrongful convictions and the importance of upholding human rights.

Related Pages

• Constitution of Brazil
• Brazilian Military Penal Code
• Human rights in Brazil
• Penal Code of Brazil
• History of Brazil