Zanin votes against ‘moderating power’ of the Armed Forces: ‘Unreasonable’

In addition to accompanying the rapporteur, Minister Luiz Fux, Cristiano Zanin also agreed with the reservation made by Minister Flávio Dino. He asked that the full decision be forwarded to the Ministry of Defense. “Clarifying the meaning of the constitutional text enlightens the population in general and the military in particular, combats spread of misinformation and prevents the erosion of democratic institutions.”

Voting

Voted against the thesis of moderating power: Luiz Fux, Luiz Roberto Barroso, Flávio Dino, Edson Fachin, André Mendonça, Gilmar Mendes and Cristiano Zanin. The trial continues in the virtual plenary until April 8th. Four ministers still need to vote.

Rapporteur of the action, Fux voted on Friday (29) and said that the Constitution does not allow the president to use the Armed Forces to oppose Congress and the Supreme Court. The minister also argued that it is not the military’s responsibility to mediate possible conflicts between the Powers. Barroso, Fachin and Mendonça fully followed the vote.

Third to vote against the military’s moderating power, Flávio Dino stated “the military function is subordinate”. He also said it was an opportunity for the STF to highlight the concepts “that enshrine democracy as an indispensable value”. The minister also defended that the full decision be sent to the Ministry of Defense.

Gilmar Mendes wrote that it is necessary to highlight the obvious. “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.”