Capital punishment in Brazil
Encyclopedia
Capital punishment
was last used as a form of punishment in Brazil
in 1876, and has not been officially used since the proclamation of the Republic in 1889. Brazil was the second country in the Americas
to abolish this form of punishment, preceded by Costa Rica
in 1859.
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The last execution determined by the civil justice was of the black
slave Francisco, in Pilar, Alagoas
on April 28, 1876, and the last execution of a free man was probably (according to official records) of José Pereira de Sousa, in Santa Luzia
, Goiás
. He was hanged
on October 30, 1861. Until the final years of the Brazilian Empire, defendants were still condemned to death despite the fact that Emperor Pedro II of Brazil
commuted all death sentences in 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.
The 1937 Constitution, which ruled the country during Getúlio Vargas
' Estado Novo
dictatorship, made it possible for the Justice to sentence prisoners to death for crimes beyond military offenses in wartime. According to popular belief, integralist
writer Gerardo Mello Mourão would have been sentenced to death in 1942 under the accusation of committing espionage
for the Axis powers
. As he later said in an interview, he was sentenced to life imprisonment
during that time. He claims to have "never been sentenced to death as the pundits of history and bad faith insinuate". As a matter of fact, 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, during the military dictatorship
, execution once again became available as a form of punishment for political crimes which resulted in death. As such, Teodomiro Romeiro dos Santos, a militant of the Brazilian Revolutionary Communist Party, was sentenced to death under the accusation of shooting an Air Force
sergeant, which died, and a Federal Police officer, which had been injured. Santos, now a judge, is recognized as the only person sentenced to death during the Republican history of Brazil. His sentence was commuted to life imprisonment on 1971. There are no official records of executions taking place during the military rule. However, the regime was responsible for the extrajudicial killing of at least 300 of its opponents.
Capital punishment for all non-military offenses was finally abolished in Brazil by the 1988 Constitution. Currently, the death penalty may be applicable in Brazil only for military offenses such as treason
, mutiny
, genocide
, crimes against humanity, war crimes, and terrorism
during wartime. The sole method prescribed by law is hanging. The Military Penal Code advises that this penalty should be sentenced only in extreme cases, and that the President may grant a pardon
for the convicted officer. However, Brazil has not engaged in any major armed 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.
of 1988 expressly prohibits the usage of capital punishment by the penal justice system. 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
, making Brazil one of the few countries which has abolished both life imprisonment and death penalty. 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.
Datafolha, a polling institute linked to the Folha de S. Paulo
newspaper, has conducted an annual survey since the early 1990s regarding the acceptance of the death penalty in the Brazilian society. The majority of these surveys indicates that most Brazilians are favourable to this form of punishment. The most recent poll (dated March 2008), however, indicates that there is no longer a clear majority on the issue. The difference between those who agree and oppose to the usage of the method is only 1%, and thus, within the margin of error
of the poll. The results are similar to a 2000 poll conducted by the same institute, when approval of the death penalty had an abrupt fall, only to rise up again in subsequent years. The newspaper indicates that murder cases widely explored by the mass media
during the time of the survey, such as the death of boy João Hélio
(which also opened a debate on the criminal responsibility age), may influence the outcome of the polls.
A poll conducted by Sensus institute in January 2010 has indicated that most Brazilians are against the death penalty. More than 55 per cent of the 2,000 respondents share this opinion, practically the same percentage from a poll conducted by the same institute on January 2001.
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
was last used as a form of punishment in Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
in 1876, and has not been officially used since the proclamation of the Republic in 1889. Brazil was the second country in the Americas
Americas
The Americas, or America , are lands in the Western hemisphere, also known as the New World. In English, the plural form the Americas is often used to refer to the landmasses of North America and South America with their associated islands and regions, while the singular form America is primarily...
to abolish this form of punishment, preceded by Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
in 1859.
History
Afro-Brazilian
In Brazil, the term "preto" is one of the five categories used by the Brazilian Census, along with "branco" , "pardo" , "amarelo" and "indígena"...
slave Francisco, in Pilar, Alagoas
Pilar, Alagoas
Pilar is a municipality located in the Brazilian state of Alagoas. Its population was 32,421 and its area is 249 km². On March 28, 1876, Pilar carried out the last official execution of Brazil....
on April 28, 1876, and the last execution of a free man was probably (according to official records) of José Pereira de Sousa, in Santa Luzia
Luziânia
Luziânia is a city and municipality in the state of Goiás, Brazil. This fast-growing city is a great producer of agricultural products including soybeans and beans.-Location:Luziânia is located 68 km...
, Goiás
Goiás
Goiás is a state of Brazil, located in the central part of the country. The name Goiás comes from the name of an indigenous community...
. He was hanged
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
on October 30, 1861. Until the final years of the Brazilian Empire, defendants were still condemned to death despite the fact that Emperor Pedro II of Brazil
Pedro II of Brazil
Dom Pedro II , nicknamed "the Magnanimous", was the second and last ruler of the Empire of Brazil, reigning for over 58 years. Born in Rio de Janeiro, he was the seventh child of Emperor Dom Pedro I of Brazil and Empress Dona Maria Leopoldina and thus a member of the Brazilian branch of...
commuted all death sentences in 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.
The 1937 Constitution, which ruled the country during Getúlio Vargas
Getúlio Vargas
Getúlio Dornelles Vargas served as President of Brazil, first as dictator, from 1930 to 1945, and in a democratically elected term from 1951 until his suicide in 1954. Vargas led Brazil for 18 years, the most for any President, and second in Brazilian history to Emperor Pedro II...
' Estado Novo
Estado Novo (Brazil)
Vargas Era is the period in the history of Brazil that lasted from 1930 to 1945, when the country was under the leadership of Getúlio Dornelles Vargas....
dictatorship, made it possible for the Justice to sentence prisoners to death for crimes beyond military offenses in wartime. According to popular belief, integralist
Brazilian Integralism
Brazilian Integralism was a fascist political movement in Brazil, created on October 1932. Founded and led by Plínio Salgado, a literary figure who was somewhat famous for his participation in the 1922 Modern Art Week, the movement had adopted some characteristics of European mass movements of...
writer Gerardo Mello Mourão would have been sentenced to death in 1942 under the accusation of committing espionage
Espionage
Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
for the Axis powers
Axis Powers
The Axis powers , also known as the Axis alliance, Axis nations, Axis countries, or just the Axis, was an alignment of great powers during the mid-20th century that fought World War II against the Allies. It began in 1936 with treaties of friendship between Germany and Italy and between Germany and...
. As he later said in an interview, he was sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
during that time. He claims to have "never been sentenced to death as the pundits of history and bad faith insinuate". As a matter of fact, 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, during the military dictatorship
Military dictatorship
A military dictatorship is a form of government where in the political power resides with the military. It is similar but not identical to a stratocracy, a state ruled directly by the military....
, execution once again became available as a form of punishment for political crimes which resulted in death. As such, Teodomiro Romeiro dos Santos, a militant of the Brazilian Revolutionary Communist Party, was sentenced to death under the accusation of shooting an Air Force
Brazilian Air Force
The Brazilian Air Force is the air branch of the Brazilian Armed Forces and one of the three national uniformed services. The FAB was formed when the Army and Navy air branch were merged into a single military force initially called "National Air Forces"...
sergeant, which died, and a Federal Police officer, which had been injured. Santos, now a judge, is recognized as the only person sentenced to death during the Republican history of Brazil. His sentence was commuted to life imprisonment on 1971. There are no official records of executions taking place during the military rule. However, the regime was responsible for the extrajudicial killing of at least 300 of its opponents.
Capital punishment for all non-military offenses was finally abolished in Brazil by the 1988 Constitution. Currently, the death penalty may be applicable in Brazil only for military offenses such as treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
, mutiny
Mutiny
Mutiny is a conspiracy among members of a group of similarly situated individuals to openly oppose, change or overthrow an authority to which they are subject...
, genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, crimes against humanity, war crimes, and terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
during wartime. The sole method prescribed by law is hanging. The Military Penal Code advises that this penalty should be sentenced only in extreme cases, and that the President may grant a pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
for the convicted officer. However, Brazil has not engaged in any major armed conflict since the end of the World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. Brazil is the only Portuguese
Portuguese language
Portuguese is a Romance language that arose in the medieval Kingdom of Galicia, nowadays Galicia and Northern Portugal. The southern part of the Kingdom of Galicia became independent as the County of Portugal in 1095...
-speaking country that still maintains the death penalty for some offenses.
Law
The Brazilian ConstitutionConstitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...
of 1988 expressly prohibits the usage of capital punishment by the penal justice system. 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
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
, making Brazil one of the few countries which has abolished both life imprisonment and death penalty. According to the Brazilian Penal Code
Penal code of Brazil
The current Penal Code of Brazil was promulgated in 1940, during the Estado Novo regime.The Brazilian Penal Code includes libel as a crime....
, a citizen cannot spend more than 30 years incarcerated.
Brazil is a member of the Protocol of the American Convention on Human Rights
American Convention on Human Rights
The American Convention on Human Rights is an international human rights instrument.It was adopted by the nations of the Americas meeting in San José, Costa Rica, in 22 November 1969...
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.
Opinion polls
Folha de S. Paulo
Folha de S. Paulo, known simply as Folha , is a Brazilian daily newspaper founded and continuously published in São Paulo since 19 February 1921. Owned by the Frias de Oliveira family since 1962, it has Brazil's largest circulation since 1986. Alongside O Globo and O Estado de S...
newspaper, has conducted an annual survey since the early 1990s regarding the acceptance of the death penalty in the Brazilian society. The majority of these surveys indicates that most Brazilians are favourable to this form of punishment. The most recent poll (dated March 2008), however, indicates that there is no longer a clear majority on the issue. The difference between those who agree and oppose to the usage of the method is only 1%, and thus, within the margin of error
Margin of error
The margin of error is a statistic expressing the amount of random sampling error in a survey's results. The larger the margin of error, the less faith one should have that the poll's reported results are close to the "true" figures; that is, the figures for the whole population...
of the poll. The results are similar to a 2000 poll conducted by the same institute, when approval of the death penalty had an abrupt fall, only to rise up again in subsequent years. The newspaper indicates that murder cases widely explored by the mass media
Mass media
Mass media refers collectively to all media technologies which are intended to reach a large audience via mass communication. Broadcast media transmit their information electronically and comprise of television, film and radio, movies, CDs, DVDs and some other gadgets like cameras or video consoles...
during the time of the survey, such as the death of boy João Hélio
Murder of João Hélio Fernandes Vieites
João Hélio Fernandes Vieites was a 6 year-old boy from a middle-class Brazilian family in Rio de Janeiro who was killed as part of a motor vehicle hijacking on February 7, 2007 in the Zona Norte of Rio de Janeiro...
(which also opened a debate on the criminal responsibility age), may influence the outcome of the polls.
A poll conducted by Sensus institute in January 2010 has indicated that most Brazilians are against the death penalty. More than 55 per cent of the 2,000 respondents share this opinion, practically the same percentage from a poll conducted by the same institute on January 2001.
External links
- Capital punishment in Brazil on the Brazilian embassy website in LondonLondonLondon is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. - Capital punishment in Brazil on the Portuguese version of WikipediaWikipediaWikipedia is a free, web-based, collaborative, multilingual encyclopedia project supported by the non-profit Wikimedia Foundation. Its 20 million articles have been written collaboratively by volunteers around the world. Almost all of its articles can be edited by anyone with access to the site,...
.