The failure of penal execution and the institution of the death penalty in Brazil

Abstract

This study examines the failure of penal execution in Brazil and the possibility of instituting the death penalty, given the debate raised by jurists, religious figures and public opinion surveys on the subject. It traces the historical evolution of penalties in the world and in Brazil, the enforcement of custodial sentences and the validity of the Penal Execution Law, examining the causes of the failure of the prison system and the difficulty of resocializing offenders. It analyzes opinions of jurists and religious figures favorable and contrary to capital punishment, as well as biblical grounds invoked by both currents. It concludes that instituting the death penalty would neither reduce crime nor remedy the failure of the system, and that the solution lies in correcting the deficiencies of current legislation and in the effective involvement of the Legislative and Executive Powers and the community.