Principle of Proportionality applied to the Death Penalty in the Brazilian National Context

Abstract

This work contextualizes the Principle of Proportionality applied to the death penalty from the perspective of Brazilian legislation, demonstrating points in favor of and against this measure of punishment. The positions of great jurists and scholars in the criminal sphere were used as a research basis, notably the writings of Marcelo Barros Jobim and Thiago Baldani Gomes de Filippo, all analyzed from a constitutional view of the subject. The aim is to contribute to the thinking on the topic, aiming to increase the discussion at the legislative level, respecting ethics, morals and the individual rights of each individual, as well as the standards of international treaties to which Brazil is a party, always having as north the fair and adequate punishment of the offender. To better understand the topic, an exploratory qualitative documentary study was used based on legal texts and doctrines related to the topic. The careful analysis of these materials helped to highlight that proportionality goes beyond being a mere legal guideline. Instead, it has become clear that the aforementioned principle is applied as an instrument to defend human rights.