Pena de morte em tempo de guerra e a incompatibilidade com a tutela dos direitos humanos

Respect for human dignity, fundamental principle of human rights is the basis for the construction and maintenance of a democratic state, in which even the sanctions of the jus puniendiseek enforcement of this state of a more humane and less suppressor of rights and guarantees.Dignified human life not only override other fundamental legal rights universally protected, such as guiding the implementation of the entire national system, including the protection of criminal law.In this context, the death penalty in time of war, expressed in the Brazilian Constitution (1988), lose their justification against the limits justified by the democratic state.The Military Penal Code, that specifies the crimes susceptible to capital punishment, is also incompatible with such powers of human rights.The aim is to understand and reveal the sources of the incompatibility of the death penalty in time of war, provided by the Constitution and the brazilian legislation, on the contemporary landscape of recognition and protection of fundamental human rights

Art · Humanities · Political science · Palliative and Oncologic Care · Philosophy