The feeling of indignation due to the increasing rate of crime, impunity and the feeling of vulnerability feed the desire for revenge. Tired of waiting for a response from the State, the population, mistakenly, takes justice into their own hands. We have seen in the last months heartbreaking scenes of lynching. It seems that we have gone back to the time of the law of Talion, by freeing the animal that is still in us. 

Probably, a significant part of the population has already considered the idea of installing the capital punishment in Brazil. Whenever the press publishes those terrible crimes that shake the public, with sensationalism, the "death penalty" is remembered. This worsens when, instead of being a witness, we put ourselves in the place of the victim. 

Some data  

Currently, about 90 countries have adopted the extreme penalty, which does not mean that they have put it into practice. There is a tendency to eradicate capital punishment worldwide. Some nations are reviewing their legislation, while others have abolished the death penalty in its judicial system. On the other hand, the number of executions has increased among those who insist on keeping it.

One of the countries that still invest in capital punishment is the United States. The maximum sentence is used in 32 of the 50 states that make up this nation. The Americans who defend the death penalty are still the majority, but the approval rating fell in the last 20 years. According to Gallup, in 1994, 80% of American citizens declared themselves in favor of the death penalty in murder cases and only 16% opposed to its application. Last year, the percentages were 60% and 35%, respectively. 

In Brazil, the opposite happens: a survey commissioned by the National Confederation of Industries in 2011 showed that 31% of the Brazilians fully agree to the death penalty and another 15% agree in some of the cases. However, 51% of the Brazilians are favorable to life imprisonment.

In 2013, 778 people were executed in 22 nations. In the same year, at least 1,925 new death sentences were established in 57 countries and about 23,392 persons were on the death row.

Most of the executions took place in China, Iran, Iraq, Saudi Arabia, USA and Somalia, in that order. It is estimated that the number could be much higher, as countries living under dictatorship tend not to disclose their data. ⁽¹⁾

Does the death penalty reduce crime?

Some studies indicate that the death penalty is ineffective in fighting crime. The crime rate in states that adopt the death penalty is 1% higher, compared with the states that have abolished it. In Canada it does not exist since 1975 and, since then the offenses declined 44%. Criminals do not stop committing a crime because they think on the possible penalty they may suffer in the future.

Another important aspect to consider is the possibility of error in judgment. No nation that adopts the death penalty is exempt from committing an injustice. There are several cases of proof of innocence of the condemned after their execution.

A poll released in April 2014 shows that 4% of those sentenced to death in the United States were innocent people. This study evaluated the cases of defendants who were on the death row between 1973 and 2004 and were able to prove their innocence before execution. The same survey found that one in 25 death sentences were wrong, i.e., the accused was not guilty.

It is important to remember that the death penalty is a final judgment. There is no way the state may bring back to life the one who proves his innocence after the punishment took place. If this happens in the developed countries, can you imagine what would happen in Brazil?

Some are of the opinion that the death penalty is cruel and inhuman. Recently, also in the United States, a convicted agonized for about 30 minutes before he died after receiving an unsuccessful lethal injection. Another famous case was the clumsy execution of a prisoner in the electric chair. The defendant groaned several times with his head on fire before receiving the fatal discharge.

Besides, the execution mechanisms have a high cost for the state. In California, annual executions do not cost less than $137 million. It is estimated that replacing the death penalty with life imprisonment would cost only $11.5 million, thus saving 70%.

Death penalty in Brazil

What few people know is that in Brazil there is the death penalty established and secured by the current Federal Constitution. So says the Article 5, section XLVII: There will be no penalties such as: a) death, except in case of declared war, under Article 84 [...]

Yes, the death penalty exists in Brazil, in times of war. Besides the Federal Constitution, it is regulated by the Military Penal Code, which punishes its soldiers in cases of treason, genocide and desertion during the war. It is noteworthy that the death penalty will only be applied in extreme cases and when it does occur, it is through the firing squad.

The death penalty applied to the civil society ceased to officially exist in our country since the Proclamation of the Republic in 1889, but the last execution took place a few years earlier, in 1876, and was applied to a slave named Francisco, in the state of Alagoas.

Currently, Brazil is a member of the Protocol to the American Convention on Human Rights to Abolish the Death Penalty. According to international law, the use of capital punishment in cases of war is acceptable, as in Brazil.

Controversies

Some are enthusiastic and defend the idea of extending the death penalty to the Brazilian civil society, however, it should be noted that, from a legal standpoint, it is inapplicable.

The Federal Constitution of Brazil, Article 5 provides:

All are equal before the law, without distinction whatsoever, guaranteeing Brazilians and foreigners residing in the country the inviolable right to life, liberty, equality, security and property [...]

The right to life, liberty, equality, security and property is a constitutional provision, which overlaps the others.

Undoubtedly, the greatest of all rights, and which, by itself alone, guaranties the existence of the others, is the right to life. It is understood, therefore, that the death penalty in Brazil, if validated by law, would be unconstitutional unless in the already mentioned and commented exception (during declared war).

The question is that Article 5 of the Federal Constitution is an entrenchment clause, i.e., it cannot be altered, even by constitutional amendment. Some jurists thus argue that to establish the death penalty in Brazil it would be necessary to convene a Constituent Assembly (collegiate responsible for preparing and reviewing the constitution). Other scholars, however, defend that not even a Constituent Assembly could bring back situations already extinct by other Federal Constitutions, as in the case of the extreme penalty, because it would be a setback in achieving social rights.

Spiritism and the capital punishment

The death penalty is a violation of the Divine Laws. It lacks charity and forgiveness. We remember Moses on Mount Sinai, who, inspired by High, placed on the stone the Ten Commandments (the first divine revelation), one of which says: "Thou shalt not kill".

The right to life is the greatest gift that the Spirit can receive from the Divine Providence, since it is an opportunity for its moral and intellectual progress, but the human being in its imperfection wishes to impose itself upon God, by enacting laws that violate its own life.

Nobody has the right, in any case, to take someone else's life.

Human laws will only be perfect when they are grounded in the Divine laws. If one of the recommendations of the laws of God is "Thou shalt not kill", surely the law of men would be diverging from the natural laws, if it accepted the capital punishment.

A true Christian should never wish for the death penalty, and less take justice in his hands.

Let us seek for clearness in "The Spirits' Book":
 

760. Will the death penalty disappear one day from the law of man?

The death penalty will disappear and its suppression will no doubt represent a progress for Humanity. When men are more enlightened, the death penalty will completely be abolished from Earth. Men will no longer need to be judged by men. I speak of an era that is still very far.

761. The law of conservation of the natural and imprescriptible rights of man gives him the right to preserve his own life. So why does he not apply this right to others and eliminates a dangerous member from society?

There are other means of preserving from harm without killing. It is necessary, moreover, to open and not close the door to the criminal's repentance.   

Death penalty is, therefore, a reflection of our imperfections and highlights our moral limitations. The time will come when we will not need human justice, since love, charity, forgiveness, and above all, justice will prevail. And then there will be no place for violence.

It is clear that the criminal should not go unpunished. He should be isolated from society to protect the lives of good men and preventing the offender from repeating the same actions, considering too that no Spirit is eternally bad. But to kill him is denying him the opportunity for repentance and correction, as the Superior Spirits teach us:
 

[...] "You ought to love the unfortunate, because they are creatures of God too, and if they repent, they will be granted forgiveness and mercy, in the same manner as you for the faults that you commit against your law. Think that you are more objectionable and guilty than those to whom you refuse your forgiveness and pity, because, most of the times, they do not know God as you know Him, and they shall be asked less than you". [...]

[...] "Love ye therefore, as the children of one father; do no differences between you and the unfortunate, because God wants everyone to be equal; despise nobody. God allows great criminals to be among you, to teach you. [...] You must never say about a criminal: "He is a miserable creature and must be eradicated from Earth, and death is too lenient for a creature of this kind." No, no, you must not talk like this! Think of Jesus, who is your model to follow. What would He say if He saw this unfortunate creature beside Him?  He would certainly feel sorry for him, consider him a very ill and needed person, and would stretch out His hand to him. Actually, you are not capable of doing the same, but you can at least pray for him, offer him spiritual assistance during the time he is still on Earth. Repentance may touch his heart, if you pray with Faith. He is your neighbor as the best among men. His wayward and rebellious soul, and your soul, was created in the same manner to improve spiritually. Therefore, help him to free from the mire, and pray for him. (The Gospel According to Spiritism, Chapter XI - Charity towards criminals).  

Death penalty in no moment frees us from the problem. The criminal Spirit only leaves his body behind, sometimes in a state of rebellion, and he needs to return to the physical plane to repair the mistake he committed and may stumble on the same obstacle.

"Killing criminals does not solve the problem. They do not die. Their bodies stay in the grave, but they, being Immortal Spirits, continue to be alive and active, and weigh negatively on the air we breathe. And many will return even worse than they were..." (Reform Magazine - FEB - October 1981 Edition)

It is necessary to treat the problem at its source. Crime stems from spiritual and social issues of the highest complexity. According to the spiritual view, this change is a slow process, but unavoidable. We need to support our brothers, who are still in ignorance, providing them the opportunity to regenerate. We recommend that you guide, forgive and love them.

Now, social issues see to the basic needs of citizens, such as equal conditions for all, access to information, education, health, safety, housing, sanitation, recreation, and mainly the preservation of human dignity.  Often, the State fails in ensuring these principles and, when the situation gets out of control it creates immediacy and inefficient mechanisms such as death penalty.

The problem belongs to all of us. It is not for us to judge or punish. In the failure of the law of men, let the Divine Providence be in charge of the adjustments.

Death penalty, no!

⁽¹⁾ The mentioned data belong to the International Amnesty and refer to 2013.

References:

1. International Amnesty - available at: http://anistia.org.br/

2. The Gospel According to Spiritism - Allan Kardec

3. Constitution of the Federative Republic of Brazil 1988

4. The Spirits Book - Allan Kardec

5. The Reformer - Issue October 1981 - FEB (Spiritist Brazilian Federation).