O desenvolvimento constitucional da pena de morte nos Estados Unidos
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Data
2014-11
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Amaral, Thiago Bottino do
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Regulated since the prime of positive law, in the 4.000 B.C. Babylonian Code of Hammurabi, the death penalty is one of the most ancient institutes of human history. It is also one of the most controversial legal topics, core of debates that intensify with the ongoing development of human rights, especially during the 20th century. That being said, the audacious maintenance of the capital punishment by the North-American legal system, the last stronghold of the institute in the western world, is the result of a long and hard process of constitutional development, guided by the constant advances of the Supreme Court of the United States regarding the death penalty. This article presents a retrospective of these decisions, as well as criminological, moral, philosophic and economic arguments related to the death penalty system, exposing data on the application of capital punishment and prospects for the future of death penalty in the United States.