A pena de morte à luz dos direitos humanos e do direito constitucional

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The present work approaches the application of capital punishment, making a deep study on History, on the purpose of the penalty, on International Law, informing the inhuman forms of applying capital punishment and, finally, it evaluates its application. It discusses the possibility of applying capital punishment in Brazil, the insert of that right in the effective juridical legislation under the support of the 1988 Constitution through the Derived Constituent Power. Analyzing the capital punishment application in the world and in Brazil under the historical point of view, the paper questions its effectiveness. International societies feel the need to create norms to be uniformly applied which caused the signing of Pacts, Agreements and Conventions restricting the application of capital punishment. Related to its application, several forms of application of that penalty are presented in order to deepen the knowledge on the applied penalty and for a better explanation about the reasons for not killing. Finally, even with the countless social discussions about the application of capital punishment in order to fight against the growing crime rates, the paper presents several arguments justifying the non-application of capital punishment and showing its inefficacy.

ASSUNTO(S)

pena de morte - dissertaÇÕes direitos humanos - dissertaÇÕes direito constitucional - dissertaÇÕes direito constitucional

ACESSO AO ARTIGO

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