The incompatibility of the death penalty in wartime in Brazil

• Grant number: 11/17469-6
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: January 01, 2013
• End date: December 31, 2013
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Paulo César Corrêa Borges
• Grantee: Stella Mendes Costa
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

Respect for human dignity, the fundamental principle of human rights is the basis for the construction and maintenance of a democratic state, in which even the sanctions jus puniendi seek enforcement of this state of a more humane and less suppression of rights and guarantees. Dignified human life not only overrides other fundamental legal rights universally protected, such as guiding the implementation of the entire national system, including the protection of criminal law. In this context, the death penalty in time of war, expressed in the Brazilian Constitution (Constitution Federal/1988), will lose their justification against the limits justified by the democratic state itself Brazilian. The Military Penal Code, constitutional legislation that specifies the crimes susceptible to capital punishment, is also incompatible with such powers of human rights. The aim is thus to understand and reveal the sources of the incompatibility of the death penalty in time of war, provided by the Constitution and constitutional legislation, on the contemporary landscape of recognition and protection of fundamental human rights.(AU)