Does the death penalty still exist in Brazil? What the Constitution says about the punishment
The death penalty in Brazil is only allowed in a declared war. Understand military crimes, execution, and the last capital punishment applied in the country.
TL;DR
- The death penalty is not applied in Brazil during peacetime.
- The 1988 Federal Constitution allows for the death penalty only in cases of declared war.
- A formal declaration of war by the President, with Congressional authorization, is required.
- Crimes eligible for the death penalty in wartime are military offenses like treason, espionage, and desertion.
- Civilians can also be subject to military penal law and potentially the death penalty in war contexts.
- Due process rights are guaranteed even in wartime, with execution occurring at least seven days after a final sentence, unless immediate execution is necessary for military order.
- The method of execution prescribed by law is firing squad.
- The last death penalty execution in Brazil took place on April 28, 1876.