The Constitution of the Federative Republic of Brazil...

The Constitution of the Federative Republic of Brazil (1988) said at Art. 5, XLVII "There will be no penalties of: a) death, except in cases of declared war as defined in Art. 84, XIX". Art. 5 is included under Title II, "Fundamental Rights and Guarantees." Brazil has been abolitionist for ordinary crimes since 1979, and the last execution was in 1855. Only the Supreme Court has the competence to grant extradition, refusing to do so when the defendant risks the death penalty or a penalty more severe than the one he would have, for the same crime, under Brazilian law.