|
André Luiz
Alves Jr. |
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The death
penalty does not
kill
the Spirit that
offended
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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).
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