The death penalty is a type of criminal conviction provided for and regulated according to the law and legal system of the region in which it is applied.
Also known as capital punishment , this sentence has been used by several societies throughout human history.
The term “capital” is derived from the Latin capitalis , which means “referring to the head”, in the literal translation. In this case, the word is an allusion to the act of beheading , a method of carrying out the death penalty, which is quite common in the Middle Ages, mainly.
There may be several reasons that lead an individual to be sentenced to the death penalty, according to the constitution and legislation prevailing in the locality where it is executed. Cases of murder, adultery, rape, homosexuality, apostasy and espionage are some examples of crimes that are or have been considered capital.
Discover the meaning of Apostasy .
Currently, the application of the death penalty as a punitive method is a topic of great discussion among the international community, mainly between the countries that practice these acts and organizations in favor of human rights.
According to Amnesty International , the death penalty violates one of the main rights provided for in the Universal Declaration of Human Rights: life.
Another factor that calls into question the validity of the death penalty is the legal system, which, being made based on human decisions, can be subject to error, causing the death of a possible innocent, for example.
Death penalty in Brazil
Death as a punishment for common crimes is not provided for in the Brazilian Constitution, with the exception of some military crimes committed in times of war, as provided for in the Military Penal Code.
5th Item XLVII of the Federal Constitution: there will be no penalties: a) death, except in case of declared war, under the terms of art. 84, XIX.
In this case, says article 84, item XIX:
“XIX – declare war, in the case of foreign aggression, authorized by the National Congress or endorsed by it, when it occurs between legislative sessions, and, under the same conditions, decree, totally or partially, the national mobilization” .
In the field of civil law, the last death sentence in Brazil occurred on April 28, 1876 (19th century), in the city of Pilar, in the province of Alagoas.
The slave known as “Negro Francisco” was accused of having brutally murdered an important couple in the city, and as a consequence, he was sentenced to hang by the Civil Justice.
Death penalty in the world
At the international level, the death penalty is repudiated by all organizations that defend human rights, but it remains a common practice in several countries.
Even democratic countries, such as the United States of America , for example, adopt the death penalty (in some of their states) as a punishment for certain crimes (as established in the country’s constitution).
Countries that have the death penalty
Currently, among countries where the death penalty is permitted by law and is put in place as a punishment for “common crimes” or “civil crimes”, the following stand out:
- United States (some states) – Hanging, lethal injection, firing and others
- Afghanistan – Hanging and shooting
- Saudi Arabia – Beheading and stoning
- Bangladesh – Hanging and shooting
- Belarus – Shooting
- Botswana – Hanging and others
- China (except Macau and Hong Kong) – Shooting and lethal injection
- North Korea – Hanging and shooting
- United Arab Emirates – Shooting and stoning
- Ethiopia – Shooting
- Egypt – Hanging
- Gambia – Hanging and shooting
- Equatorial Guinea – Hanging and shooting
- Yemen – Shooting and stoning
- India – Hanging and shooting
- Indonesia – Shooting and stoning
- Iran – Shooting, beheading, stoning, shooting and others
- Iraq – Hanging and shooting
- Japan – Hanging
- Jordan – Hanging
- Lebanon – Hanging and Shooting
- Libya – Shooting
- Malaysia – Hanging
- Nigeria – Shooting, hanging and stoning
- Oman – Hanging and shooting
- Pakistan – Hanging and shooting
- Saint Kitts and Nevis – Hanging
- Syria – Hanging and shooting
- Somalia – Shooting
- Sudan – Stoning and others
- South Sudan – Hanging
- Thailand – Lethal injection
- Taiwan – Shooting and lethal injection
- Vietnam – Shooting and lethal injection
There are other nations with the death penalty provided for in their criminal laws, however they are rarely practiced.
