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Capital punishment is a long unused form of punishment in Brazil, last reported in 1876, not having been officially used since the proclamation of the Republic in 1889. Although virtually abolished, it is still possible during wartime, according to the Article 5, XLVII, "a", of the Federal Constitution. ==History== The last execution determined by the civil justice was of the black slave Francisco, in Pilar, Alagoas on April 28, 1876, and the last execution of a free man was, according to official records, of José Pereira de Sousa, in Santa Luzia, Goiás. He was hanged October 30, 1861. The last execution of women, as far as could be established for the time being, has most likely the one of slaves Rosa Cassange - innocent, as found out after - and Peregrina in Sabará, MG, executed by hanging April 14, 1858 (some sources quote April 13, 1858) by the Province of Minas Gerais executioner, a slave called Fortunato José. Until the final years of the Brazilian Empire, defendants were still condemned to death despite the fact that Emperor Pedro II of Brazil commuted all death sentences in 1876, for both free men and slaves. However, the death sentence was only fully abolished for common crimes after the proclamation of the Republic in 1889. It was not abolished for certain military offenses in wartime.〔CARVALHO FILHO, Luís Francisco. ''Impunidade no Brasil - Colônia e Império''. in: ''Estudos Avançados - V. 18''. São Paulo, 2004; RIBEIRO, João Luiz. ''No meio das galinhas as baratas não têm razão''. ''A Lei de 10 de junho de 1835''. ''Os escravos e a pena de morte no Império do Brasil (1822 - 1889)''. Rio de Janeiro, Editora Renovar, 2005; RIBEIRO, João Luiz. ''A Violência Homicida diante do Tribunal do Júri da Corte Imperial do Rio de Janeiro'' UFRJ, 2008.〕 The 1937 Constitution, which ruled the country during Getúlio Vargas' Estado Novo dictatorship, made it possible for the Justice to sentence prisoners to death for crimes beyond military offenses in wartime. According to popular belief, integralist writer Gerardo Mello Mourão would have been sentenced to death in 1942 under the accusation of committing espionage for the Axis powers. As he later said in an interview, he was sentenced to life imprisonment during that time.〔RUY CÂMARA. ("Gerardo Mello Mourão, poeta absoluto" ). ''Confraria do Vento''. May–June 2007.〕 He claims to have "never been sentenced to death as the pundits of history and bad faith insinuate".〔 As a matter of fact, there are no records of an execution taking place during the period of time in which this Constitution ruled, which lasted until 1946. From 1969 to 1978, during the military dictatorship, execution once again became available as a form of punishment for political crimes which resulted in death. As such, Teodomiro Romeiro dos Santos, a militant of the Brazilian Revolutionary Communist Party, was sentenced to death under the accusation of shooting an Air Force sergeant, who died, and a Federal Police officer, who was injured.〔Vasconcelos, Levi. ("25 anos de uma obra ainda incompleta" ). ''A Tarde''. August 28, 2004.〕 Santos, now a judge, is recognized as the only person sentenced to death during the Republican history of Brazil.〔 His sentence was commuted to life imprisonment in 1971. There are no official records of executions taking place during the military rule. However, the regime was responsible for the extrajudicial killing of at least 300 of its opponents.〔Antonio Carlos Olivieri. ("Golpe e repressão no Brasil, na Argentina e no Chile" ). UOL Educação. August 17, 2006.〕 Capital punishment for all non-military offences was abolished in Brazil by the 1988 Constitution. Currently, the death penalty may be applicable in Brazil only for military offences such as treason, murder, genocide, crimes against humanity, war crimes, and terrorism during wartime. The sole method prescribed by law is death by firing squad.〔Article 56 of the Military Penal Code of Brazil. Available at http://www.planalto.gov.br/ccivil_03/decreto-lei/del1001.htm (in Portuguese)〕 The Military Penal Code advises that this penalty should be sentenced only in extreme cases, and that the President may grant a pardon for the convicted officer. However, Brazil has not engaged in any major armed conflict since the end of the World War II. Brazil is the only Portuguese-speaking country that still maintains the death penalty for some offenses. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Capital punishment in Brazil」の詳細全文を読む スポンサード リンク
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