Capital Punishment Restoration Amendment (Chamber)

The Legislature of the Brazilian Republic
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Capital Punishment Restoration Amendment (Chamber)

Post by Flaming Bolshevik »

It is common knowledge that Capital Punishment has been prohibited in Brazil with the last execution occuring in 1876 before Pedro II commuted all death sentences. The only exception to this rule is with atrocities committed in wartime. After the attack on Recife, we are at war. Our fight is not against a foreign power, not against a far away land in a war in which we have no stake, but a war against the bandits and Communist murderers that left mothers without sons. Daughters without fathers and a Fatherland in mourning over such a senseless loss of life. Therefore, we put forward a motion to bring back Capital Punishment for the worst crimes that could be committed and bring justice to those who have managed to elude it.
Whereas the moral decay of society and harsh economic troubles have contributed to a generation partaking in Banditry, Murder, Robbery and other such violent crimes as an alternative to an honest and God fearing life.

Whereas Capital Punishment has been reserved for atrocities commited during wartime while we have bandits scarring the countryside with their violence. Most notably the attack on the Recife prison which led to a substantial loss of life.

Whereas New advances in science have allowed for the discovery of Pentobarbital, which in high doses can cause respiratory failure. A much quicker and humane method of execution as opposed to the traditional hanging or electric chair.

Section 1. Capital Punishment is reintroduced as a punishment for the most violent crimes such as Murder, Rape, Robbery (leading to fatalities) Kidnapping, Torture and Banditry. They are eligible for the Death penalty if they meet the following conditions.

-An offense described above

-Any other offense for which a sentence of death is provided, if the defendant, as determined beyond a reasonable doubt at their court hearing.

intentionally killed the victim

intentionally inflicted serious bodily injury that resulted in the death of the victim

intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or

intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act,


Section 2. Hanging and the electric chair is to be phased out in favor of the use of a "Lethal Injection" in which a high amount of drugs such as Pentobarbital is injected intravenously causing respiratory failure and death. Should the "lethal injection" method be inefficient/fail then it will be replaced withthe traditional methods of execution.

Section 3. Each prisoner sentenced to death shall be allowed their choice of a last meal (within reason) and will receive their last rites from a representative of their respective religion.

Section 4. The court shall hold a special hearing regarding whether or not the prisoner qualifies and shall not take into account race, color, religious beliefs, national origin, or sex of the defendant or of any victim.

The family of the condemned will receive appropriate compensation for the costs of funerals, etc.
Now is the time for change, let the 1930's bring in a new era of justice and peace to Brazil. Anauê!
Last edited by Flaming Bolshevik on 02:06:32 Friday, 19 January, 2018, edited 1 time in total.
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by Flamelord »

While there are undoubtedly some crimes that deserve such a harsh punishment, some aspects of this bill make us skeptical. For example, the clause that requires the institution of 'lethal injection' as the method of execution, which I must question whether is within the technical ability of our nation to achieve in a method that complies with what the AIB wants. As far as I am aware the practice has been proposed but never implemented on a large scale due to how effective, or otherwise, it is.

We must also question the inclusion of robbery on this list for capital punishment offenses. It is my understanding that this is fairly common in the major cities, and if we went about trying to execute every robber and petty theft we would be here for a long time. As such we would suggest taking a look at that clause and perhaps amending it to better represent the situation in our country.
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by Flaming Bolshevik »

Flamelord wrote: 13:12:15 Tuesday, 16 January, 2018 While there are undoubtedly some crimes that deserve such a harsh punishment, some aspects of this bill make us skeptical. For example, the clause that requires the institution of 'lethal injection' as the method of execution, which I must question whether is within the technical ability of our nation to achieve in a method that complies with what the AIB wants. As far as I am aware the practice has been proposed but never implemented on a large scale due to how effective, or otherwise, it is.

We must also question the inclusion of robbery on this list for capital punishment offenses. It is my understanding that this is fairly common in the major cities, and if we went about trying to execute every robber and petty theft we would be here for a long time. As such we would suggest taking a look at that clause and perhaps amending it to better represent the situation in our country.
We are not completely replacing the traditional methods of execution, we believe that should the use of lethal injection fail on a large scale we should absolutely stick with what we know. However, if it does work then we can implement it on a wider scale in Brazil and gradually phase out the old in favor of the newer and more efficient method.

Your point on robbery is something we're glad you bring up. Our interpretation of "Robbery" is not just the simple act of stealing, it is "The crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear". Robbery is set apart from petty theft by its inherently violent nature in which the victim commonly sustains injury resulting in death. If this is the case during a robbery in which the victim sustains fatal injury, it is then where the defendant would be eligible for the Death Penalty. We will reword it as such.
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by Snacks »

Sorry, BLOC was led to believe that President Luís had already restored capital punishment by executive order, in light of the DOPS gunning down the victims of their 'investigations' on the street, and the indifference of the President and some of the largest parties to the executions of civilians in the Sertao at the behest of coronels.

We are against this bill not just in intention but in practice. The corruption and incompetence on display in the police forces and courts of our nation makes the capacity of those bodies to even properly investigate and fairly prosecute crimes debatable, much less make the decision of whether men should live or die.
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by TRC »

The PLD will unequivocally vote no. Reinstating capital punishment is at best barbaric, and we can not endorse a bill that could potentially kill innocent Brazilians.
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by Flaming Bolshevik »

TRC wrote: 15:10:33 Wednesday, 17 January, 2018 The PLD will unequivocally vote no. Reinstating capital punishment is at best barbaric, and we can not endorse a bill that could potentially kill innocent Brazilians.
Which is why there are safeguards against killing innocent civilians in place.
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by Smyg »

Snacks wrote: 02:32:50 Wednesday, 17 January, 2018 Sorry, BLOC was led to believe that President Luís had already restored capital punishment by executive order, in light of the DOPS gunning down the victims of their 'investigations' on the street, and the indifference of the President and some of the largest parties to the executions of civilians in the Sertao at the behest of coronels.

We are against this bill not just in intention but in practice. The corruption and incompetence on display in the police forces and courts of our nation makes the capacity of those bodies to even properly investigate and fairly prosecute crimes debatable, much less make the decision of whether men should live or die.
Every single word of this is our utmost belief.

No!
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by Flaming Bolshevik »

Updated bill.
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by TRC »

Flaming Bolshevik wrote: 17:45:45 Wednesday, 17 January, 2018
TRC wrote: 15:10:33 Wednesday, 17 January, 2018 The PLD will unequivocally vote no. Reinstating capital punishment is at best barbaric, and we can not endorse a bill that could potentially kill innocent Brazilians.
Which is why there are safeguards against killing innocent civilians in place.
This still will not stop mob rule "legal" killings. Protections or not, there is always the possibility of an innocent to become murdered by our glorious nation. That cannot happen
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by acecipher »

We find ourselves horrified at this regressive and ill-founded bill.

The abolishment of the Death Penalty is a triumph of seeking a humane and fair legal system. That this pillar would be eroded by the Integralists does not surprise us, nor does it their blatant acceptance of Old Testament biblical punishments rather than the New Testament's messages of hope, love and forgiveness.

We wish to remind them something that Jesus reminded his followers when he was still with us: That the way of the Law lies death, for no man could live up to the Law in its entirety--that way does not lie salvation. Rather, it is through emulating His kindness, graciousness, charity and Love that we are saved.
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by Flaming Bolshevik »

acecipher wrote: 18:15:46 Friday, 19 January, 2018 We find ourselves horrified at this regressive and ill-founded bill.

The abolishment of the Death Penalty is a triumph of seeking a humane and fair legal system. That this pillar would be eroded by the Integralists does not surprise us, nor does it their blatant acceptance of Old Testament biblical punishments rather than the New Testament's messages of hope, love and forgiveness.

We wish to remind them something that Jesus reminded his followers when he was still with us: That the way of the Law lies death, for no man could live up to the Law in its entirety--that way does not lie salvation. Rather, it is through emulating His kindness, graciousness, charity and Love that we are saved.
Passages like Matthew 5:17-19 can be used to argue that all Old Testament laws are still in force.  Jesus didn’t do away with any of God’s laws. Rather, he emphasized that we ought to obey God not only in our actions, but also in our hearts. We have to keep every Old Testament law in the spirit, in its attitude and purpose. God’s laws are written in our hearts and minds (Hebrews 8:10). They are internalized, so we should want to keep them. Hebrews 8:10 is a quote of Jeremiah 31:31-33, one could argue, and the laws that Jeremiah had in mind were the laws that were valid in his day: the old covenant laws. They were all given by God. Not only this, but many nations across the world christian or otherwise have continued the practice of the death penalty. Do not insult our faith by bringing this into a political discussion.
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by Luc »

Sebastião do Rego Barros, President of the Chamber of Deputies

If there is no more debate to be had on this bill, I would encourage this house to move into voting procedures.
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by Flaming Bolshevik »

AIB (3) votes yes.
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by Snacks »

The BLOC (2) votes against
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Re: Capital Punishment Restoration Amendment (Chamber)

Post by Flamelord »

After careful deliberation, the Federal Union Party (93) must vote No on this bill
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