Capital punishment in Brazil
From Wikipedia, the free encyclopedia
The capital punishment was last used in Brazil on 1861 and has not been officially used since the proclamation of the Republic in 1889. Brazil is traditionally the second country in the Americas to abolish the death penalty, preceded by Costa Rica on 1859.
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[edit] History
The last execution determined by the civic justice in Brazil was of the black slave Francisco, in Pilar das Alagoas in April 28, 1876, and the last execution of a free man was, probably (there are no official records), of José Pereira de Sousa, in Santa Luzia, Goiás. He was hung on October 30, 1861. Until the last years of the Brazilian Empire, the justice system remained condemning defendants to death, despite the fact that Emperor Peter II had commuted all death sentences on 1876, for both free men and slaves. However, the death sentence was only fully abolished for common crimes after the proclamation of the Republic in 1889. It was not abolished for certain military offenses in wartime[1].
The Constitution of 1937, ruling during Getúlio Vargas' Estado Novo, made possible the usage of death penalty for other crimes beyond military offenses in times of war. In 1942, writer Gerardo Mello Mourão, was sentenced to death under the accusation of committing espionage for the Axis. Nevertheless, there are no records of an execution taking place during the period of time in which this Constitution ruled, which lasted until 1946.
From 1969 to 1978, execution once again became available as a form of punishment for "political crimes" after the ruling of Ato Institucional nº 5 (Institutional Act nº 5). This decree was made by the military regime which ruled the contry from 1964 to 1985. Some opponents of the regime were even convicted to death, but there are no records of an official execution taking place (some opponents were killed even before they had the opportunity of getting a legal trial).
The capital punishment was finally abolished for all non-military offenses in the 1988 Constitution. Currently, death penalty may be applicable only for military offenses such as treason, defection, mutiny and genocide during wartime. The Military Penal Code advises that the penalty should be used only in extreme cases and that the President can grant pardon to the convicted officer. However, it should be noted that Brazil has not engaged in any major conflict since the end of the World War II. Brazil is the only Portuguese-speaking country that still maintains the death penalty for some offenses.
[edit] Law
The Brazilian Constitution of 1988 expressly prohibits the usage of capital punishment by the penal justice system[2]. However, death penalty may be applicable, according to international law, in case of a declared war, under the terms of Article 84, paragraph 19, of the Constitution. It also prohibits, in the same article that refers to the death penalty, the usage of life sentences[3]. According to the Brazilian Penal Code, a citizen cannot spend more than 30 years incarcerated.
Brazil is a member of the Protocol of the American Convention on Human Rights to Abolish the Death Penalty, which was ratified on August 13, 1996.
According to international law, the "application of the death penalty in time of war pursuant to a conviction for a serious crime of a military nature committed during wartime" is admissible. Article 2, paragraph 1 of the United Nations Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty, allows members to make a reservation in these terms, at the time of ratification or accession to the Protocol.
[edit] Opinion polls
A poll conducted by the Datafolha institute sice the early 1990s shows that most Brazilian citizens are favourable to the method. The most recent poll, dated March 2008, however, shows that currently there is no consensus. The difference between those who are favourable and unfavourable to the usage of the method is only 1%. The results are similar to a 2000 poll conducted by the same institute.[4]
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[edit] References
- ^ CARVALHO FILHO, Luís Francisco. Impunidade no Brasil - Colônia e Império. in: Estudos Avançados - V. 18. São Paulo, 2004; RIBEIRO, João Luiz. No meio das galinhas as baratas não têm razão. A Lei de 10 de junho de 1835. Os escravos e a pena de morte no Império do Brasil (1822 - 1889). Rio de Janeiro, Editora Renovar, 2005; RIBEIRO, João Luiz. A Violência Homicida diante do Tribunal do Júri da Corte Imperial do Rio de Janeiro UFRJ, 2008.
- ^ Article 5 of Brazilian Constitution (See Paragraph XLVII-a)
- ^ Article 5 of Brazilian Constitution (See Paragraph XLVII-b)
- ^ Carvalho, Mário Cesar. "Cai apoio à pena de morte e país fica dividido" ("Support on the death penalty falls and nation is divided"). Folha de S. Paulo. April 6, 2008. Cotidiano - page C1.
[edit] External links
- Capital punishment in Brazil on the Brazilian embassy website in London, United Kingdom.
- Capital punishment in Brazil on the Portuguese version of Wikipedia.
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