DEATH PENALTY AS A MEAN OF ENSURING PUBLIC SAFETY: TECHNICAL AND LEGAL ANALYSIS UNDER THE THEORY OF CONSTITUTIONAL CRIMINAL LAW

Abstract

The present work intends to reflect on the death penalty as a possible way of ensuring public safety, from the point of view of legal science. For this purpose, a technical analysis through the Constitutional Criminal Law was done, as a dogmatic mean to give maximum accuracy to the structuring of the research, and the death penalty is also put under the principle of proportionality, as an intervention on the fundamental right to life. The conclusion is of its legal impossibility in the context of Brazil, in front of several sub-criteria of the constitutional examination applied.