THE CONSTITUTIONAL DYNAMICS OF THE DEATH PENALTY IN JAPAN'S LEGAL SYSTEM AND THE MOVEMENT TO ESTABLISH ITS LIMITS IN THE FACE OF THE EXPANSION OF HUMAN RIGHTS

• DOI: https://doi.org/10.22533/at.ed.2164102415056

• Palavras-chave: Death Penalty. Japan. Limits. Human rights.

• Keywords: Death Penalty. Japan. Limits. Human rights.

• Abstract:

  This article aims to verify the movement to limit the death penalty in Japan caused by the expansion of human rights. And as specific objectives, understand the dynamics in the Japanese legal system of the death penalty and identify the Japanese movement to establish limits to the death penalty rules in the face of the expansion of human rights. To this end, normative-legal research was carried out, which used qualitative methodology with primary and secondary sources, aiming at doctrinal and jurisprudential knowledge about the matter. In the first part of this work, the constitutional dynamics of the death penalty in the Japanese legal system were analyzed. In the second part, we sought to identify Japan's movement to establish limits on the death penalty rules in the face of the expansion of human rights.