O Federal Court of Justice (STF) formed a majority on Monday night (1st) to reaffirm that the function of “moderating power” does not exist in Brazil.
Until now, the score is 6-0 to overturn the “moderating power” interpretation of the Armed Forces. The ministers followed the understanding of the action’s rapporteur, Luiz Fux, who stated that the Constitution does not allow “constitutional military intervention” nor does it encourage a democratic rupture.
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“Any institution that intends to seize power, whatever the declared intention, outside of representative democracy or through its gradual internal undoing, acts against the text and spirit of the Constitution,” he said.
“The function of moderating power does not exist in the Brazilian constitutional system: in order to defend one power over others, the Constitution established the firm principle of separation of powers and its implementation mechanisms”, he added.
Gilmar Mendes, Edson Fachin, André Mendonça, Flávio Dino and Luís Roberto Barroso voted with the rapporteur. The trial takes place in the virtual plenary, with the ministers’ votes being presented in the electronic system, until the 8th. There are still five votes to be presented.
You magistrates analyze an action presented by the PDT in 2020. The party questioned the Supreme Court about interpretations of article 142 of the Federal Constitution, which deals with the Armed Forces.
Article 142 says: “The Armed Forces, constituted by the Navy, the Army and the Air Force, are permanent and regular national institutions, organized on the basis of hierarchy and discipline, under the supreme authority of the President of the Republic and are intended for the defense of the Fatherland, to the guarantee of constitutional powers and, on the initiative of any of these, of law and order”.
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