STF forms majority against ‘moderating power’ of the Armed Forces

The Federal Supreme Court (STF) formed this Monday (1/4) a majority of votes against any interpretation that allows intervention by the Armed Forces on the Powers of the Republic or that classifies them as a “moderating power” during institutional crises. Ministers Gilmar Mendes, Edson Fachin and André Mendonça voted today.

The STF’s judged action was presented by the Democratic Labor Party (PDT) in 2020. The party questioned the Supreme Court about interpretations of article 142 of the Federal Constitution, which deals with the Armed Forces.

The score is six to zero to overturn the interpretation of the “moderating power” of the Armed Forces. In addition to Fachin and Mendonça, ministers Flávio Dino and Luís Roberto Barroso accompanied the rapporteur, minister Luiz Fux. The votes of ministers Alexandre de Moraes, Carmen Lúcia, Cristiano Zanin, Dias Toffoli and Kassio Nunes Marques still remain.

The trial began last Friday (29/3) with Fux stating, in his vote, that the Constitution does not encourage democratic rupture. The minister also stated that the interpretation of article 142 of the Constitution must be made considering the entire Brazilian legal system, especially with regard to the separation of Powers.

In a vote against “moderating power”, Gilmar says that the STF reaffirms what “should be obvious”

In his vote, Gilmar Mendes stated that he saw with “perplexity” the need for the STF to “remove certain claims that would be considered absurd in the vast majority of constitutional democracies”. According to the judge, the Supreme Court is reaffirming that the “Constitution does not allow forceful solutions”.

“In view of everything we have observed in recent years, however, the intervention of the Federal Supreme Court is necessary to reaffirm what should be obvious: the syllogism that our Constitution does not admit forceful solutions”, pointed out the minister.

*With information from Agência Estado