PENA DE MORTE: quem está certo? | FILOSOFIA JURÍDICA

⚖️ FIRST STEPS IN LAW: the method for those who want to learn Law in a simple and objective way (without pulling your hair out because of boring classes or confusing books). 👉 SIGN UP HERE: https://cintiabrunelli.com.br/direito 👩‍⚖️ Read the book INTRODUCTION TO THE WORLD OF LAW and learn, in one afternoon, what Law students take 6 months to learn in college. 👉 BUY HERE: https://cintiabrunelli.com.br/intro 🏆 Subscribe to the NOVATOS DO DIREITO channel:    / @novatosdodireito   ❤️️ My Website: https://cintiabrunelli.com.br 💎 Telegram Group: https://t.me/cintiabrunelli 📷 Instagram:   / me.julga   📧 E-mail: [email protected] ===================================== I've already made a video in which I explain why the death penalty is prohibited in Brazil. But since this is a topic that usually fascinates people, I had the idea of ​​bringing what the great philosophers thought about the subject. To talk about this, I used as my main source the book “The Age of Rights”, by Norberto Bobbio. We can divide them into two groups: those who were in favor of capital punishment, and those who were against this punishment. The group of thinkers in favor of the death penalty includes Plato, Rousseau, Kant and Hegel. On the other hand, the thinkers who did not agree with this punishment were Beccaria, Victor Hugo, Robespierre and Foucault. I will talk about each of them. Plato was a great philosopher from Ancient Greece who believed that punishments should make the person BETTER. However, if the offender was incurable, death would be the most appropriate. Plato thought that for murderers, death was even a “natural punishment”, because it came from reciprocity. They should suffer for what they did. For Plato, offenses against the Gods should also be punished with death. Interestingly, although Plato was in favor of the death penalty, he suffered greatly when Socrates, his teacher, was condemned and killed. Another philosopher who was in favor of the death penalty was Jean-Jacques Rousseau. Rousseau was in favor of the death penalty because criminals violated the social contract. How so? Rousseau's thinking was as follows: it is the State that guarantees the security of collective life, right? So, if an individual breaks the laws, his life will no longer be convenient and can be taken away. "His life is no longer just a benefit of nature, but a conditional gift of the State." Moving on, another philosopher in favor of the death penalty was Immanuel Kant. Kant believed that the function of punishment was not to prevent crimes, but only to do justice. There should be a perfect correspondence between the crime and the punishment, which would be a corrective equality. Example: "if he killed, he must die." For Kant, no other punishment would be acceptable. Finally, among the philosophers in favor of capital punishment, we have Hegel. And Hegel had an interesting thought. He argued that being punished with death was a right, not a duty, because only in this way could an individual be “honored” after a life of crime. And what did the philosophers who were against the death penalty think? What were the ideas of Beccaria, Victor Hugo, Robespierre and Foucault? Beccaria was the first thinker to oppose the death penalty. In his book “On Crimes and Punishments”, he developed three arguments. The first argument is that it is not necessary for punishments to be cruel, it is enough that they are applied. Beccaria’s second argument is that fear does not arise from the intensity of the punishment, but from its length. Beccaria’s third argument is that the right to life is fundamental and must be guaranteed by the State. Another thinker who was against capital punishment was Victor Hugo. Interestingly, some historians say that Victor Hugo influenced our Emperor Dom Pedro II to end the death penalty in Brazil, because they met and discussed the matter. After that, Dom Pedro II reflected on the matter and decided to abolish the practice. The last death penalty execution in Brazil took place in 1876. Next on the list of thinkers against the death penalty, we have Robespierre. Robespierre did not consider the death penalty to be more intimidating than other punishments. He said that some countries had very cruel punishments and yet they were countries of criminals. For Robespierre, the cruelty of punishments was a characteristic of barbaric peoples. Furthermore, he was the first philosopher to comment on the irreversibility of judicial errors. Think about it: if the judge realizes later that he has made a mistake, he will not be able to resurrect the dead. Finally, coming to the Contemporary Age, on the list of thinkers against the death penalty we have Foucault. He was the author of the book “Discipline and Punish,” in which he studied the evolution of prisons and the way in which sentences are served, especially with regard to tortu...