Capital punishment in Portugal

Death Penalty laws in Europe

Capital punishment in Portugal refers to the historical and legal aspects of the death penalty in Portugal. The practice of capital punishment has undergone significant changes over the centuries, ultimately leading to its abolition.

History

Capital punishment in Portugal has a long history, dating back to the Middle Ages. During this period, various forms of execution were employed, including hanging, beheading, and burning at the stake. The death penalty was used for a wide range of crimes, including murder, treason, and heresy.

19th Century Reforms

In the 19th century, Portugal began to reform its criminal justice system. The first significant step towards the abolition of capital punishment was the Penal Code of 1852, which restricted the use of the death penalty. In 1867, Portugal became one of the first countries in the world to abolish the death penalty for all civilian crimes, although it remained in place for military crimes.

20th Century Developments

The early 20th century saw further restrictions on the use of capital punishment. In 1911, the Portuguese Republic abolished the death penalty for all crimes, including military offenses, making Portugal one of the first countries to do so. However, the death penalty was briefly reinstated during the Estado Novo regime under António de Oliveira Salazar for crimes of treason and espionage during wartime.

Final Abolition

The final abolition of capital punishment in Portugal occurred in 1976, following the Carnation Revolution and the establishment of the Third Portuguese Republic. The new Constitution of Portugal explicitly prohibited the death penalty in all circumstances. Portugal is also a signatory to various international treaties that oppose the death penalty, including the European Convention on Human Rights.

Legal Framework

The abolition of capital punishment is enshrined in the Constitution of Portugal, which states that "the death penalty shall not exist in any case." This legal framework is supported by Portugal's commitment to international human rights standards.

Public Opinion

Public opinion in Portugal has generally supported the abolition of the death penalty. Surveys and studies indicate that the majority of the Portuguese population favors life imprisonment over capital punishment as a more humane and effective form of punishment.

International Position

Portugal is an active advocate for the global abolition of the death penalty. The country participates in international forums and supports initiatives aimed at ending capital punishment worldwide. Portugal's stance is consistent with its commitment to human rights and the protection of human dignity.

See Also

• Human rights in Portugal
• Penal system in Portugal
• Constitution of Portugal
• European Convention on Human Rights
• Carnation Revolution