The Federal Supreme Court (STF) recorded this Monday (1st) six votes against the interpretation that the Armed Forces can exercise “moderating power” in the country.
The ministers’ understanding is formed in the virtual trial of an action filed in 2020 by the PDT to prevent Article 142 of the Constitution from being used to justify the use of the Army, Navy and Air Force to interfere in the functioning of democratic institutions.
The ministers judge the action definitively. In June 2020, the case’s rapporteur, minister Luiz Fux, granted the injunction to confirm that Article 142 does not authorize intervention by the Armed Forces in the Three Powers. According to the text of the provision, the military is under the authority of the President of the Republic and is intended to defend the country and guarantee constitutional powers.
The supposed thesis of “moderating power” was touted by former president Jair Bolsonaro to justify possible measures against other powers during his government.
So far, Fux’s vote prevails. For the minister, the power of the Armed Forces is limited and excludes any interpretation that allows interference in the functioning of the Three Powers.
“The institutional mission of the Armed Forces in defending the homeland, guaranteeing constitutional powers and guaranteeing law and order does not accommodate the exercise of moderating power between the Executive, Legislative and Judiciary powers”, he stated.
In addition to Fux, ministers Luís Roberto Barroso, André Mendonça, Edson Fachin, Flávio Dino and Gilmar Mendes also voted in the same direction. The votes of five ministers are missing.
In his vote, Dino stated that there is no “military power” in the country.
“I remember that there is no military power in our constitutional regime. Power is only civil, made up of three branches anointed by popular sovereignty, directly or indirectly. The military function is subordinate to such constitutional powers, as stated in Article 142 of the Magna Carta”, he concluded.
The trial is carried out in the virtual plenary, a modality in which the ministers enter the votes in the Court’s electronic system and there is no in-person deliberation. Voting will end on April 8th.
* Text updated at 8:41 pm to add minister Gilmar Mendes’ vote.
