STF forms majority against the possibility of military intervention

STF forms majority against the possibility of military intervention
STF forms majority against the possibility of military intervention

Minister Gilmar Mendes presented the vote this Monday (1st April); Court judges action that deals with the constitutional limits of the actions of the Armed Forces

The STF (Supreme Federal Court) formed a majority this Monday (April 1, 2024) to declare the possibility of military intervention unconstitutional.

The Court judges, in a virtual plenary session, an action on the constitutional limits of the actions of the Armed Forces and their hierarchy in relation to the Three Powers. The trial began on Friday (29th March) and continues until April 8th.

The rapporteur of the action, Minister Luiz Fux, declared in his vote that the Federal Constitution does not encourage democratic rupture and that the Forces do not have the moderating power to intervene under the pretext of resolving conflicts between the Powers.

The judge wrote that the Armed Forces cannot carry out military intervention.

“A The exegesis of article 142 in question rejects the understanding of the use of the Armed Forces as an arbitrator authorized to intervene in matters of internal politics under the pretext of guaranteeing balance or resolving conflicts between the Powers, since its reading must be carried out systematically with the national order, notably regarding the separation of Powers, adopted by the 1988 Constitution itself, there being no need to talk about the creation of a Power with constitutional powers superior to the others, nor with the power of moderation”.

Minister Flávio Dino followed the rapporteur’s vote, but added that the Court’s decision be forwarded to the Ministry of Defense to disseminate in the military, including in training schools, to avoid “misinformation”.

“There is no doubt that any theses that go beyond or defraud the real meaning of article 142 of the Federal Constitution, established in an imperative and unequivocal manner by this Supreme Court, must be eliminated”, it says.

The determination was accompanied by minister Gilmar Mendes, who presented his vote on Monday night. The dean argued that the measure avoids the “proliferation of acts that indicate undue politicization of the armed forces”. Here is Gilmar’s full vote (PDF – 192 kB).

The Dean Minister of the Federal Supreme Court says that there is a “reintroduction” of the political protagonism of military summits in the country with the application “exacerbated” of GLO (Guarantee of Law and Order) in the country.

“What occurred was a growing and worrying advance by the Armed Forces in the exercise of duties that, in countries with a democratic tradition, are carried out exclusively by civilian institutions, which occurred through a progressive and vertiginous increase in the number of actions to guarantee security. law and order, denoting evident excess in the use of working hours”says the dean.

Here is the voting score:

  • 6 votes against military intervention: Luiz Fux (rapporteur), Roberto Barroso, Flávio Dino, Edson Fachin, André Mendonça and Gilmar Mendes.

The action was filed in 2020 by the PDT. The party questions some points of the 1999 law that regulates the employment of the Armed Forces. Among them, the attribution of the President of the Republic to decide on the request for the use of the Army, Navy and Air Force by the other Powers.

The article is in Portuguese

Tags: STF forms majority possibility military intervention



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