Death penalty: an alternative to reduce criminality: analysis of applicability in the brazilian system

Abstract

This study, conducted using a qualitative research method, aims to analyze the death penalty from various perspectives, exploring its legal, historical, ethical, and economic aspects. Initially, the definition of the death penalty and the different methods of execution, such as shooting, lethal injection, stoning, and decapitation, are presented, highlighting the variation across countries. The historical evolution of the death penalty is then addressed, from its earliest applications in ancient civilizations to its spread in the modern world, analyzing the social and political contexts that influenced its adoption. The current situation of the death penalty is also discussed, with an emphasis on the countries that still maintain the practice and on international movements advocating for its abolition. Brazilian legislation is examined, highlighting the abolition of the death penalty with the 1988 Constitution, except in cases of war, and the Military Penal Code, which permits capital punishment in exceptional situations. The paper also explores the main arguments in favor of the death penalty, such as retributive justice, deterrence of crimes, and public safety, and the arguments against, with a focus on judicial errors, wrongful convictions, and the economic costs involved. It is concluded that, although the death penalty may be justified in some contexts, its application must be carefully regulated and monitored, with strict safeguards to prevent injustices and judicial errors.