Ives Gandra will give a lecture to the military after the PF report – 06/20/2023 – Politics

Lawyer Ives Gandra Martins is going to give a lecture to military personnel at the Escola Superior de Guerra on Thursday (22) with the theme “The Democratic State of Law and the Protagonism of the Judiciary”.

The event takes place a week after the Federal Police showed, in a report sent to the STF (Federal Supreme Court), that the lawyer was a kind of intellectual mentor of a draft decree to strike a blow against the election of Lula (PT).

The document was on the cell phone of Lieutenant Colonel Mauro Cid, a former assistant to former President Jair Bolsonaro (PL), and highlighted that the “immoderate ‘judicial activism’ and the apparent ‘legality’ cannot serve as pretexts for the distortion of the constitutional order”.

“In view of all the above and to ensure the necessary restoration of the Democratic State of Law in Brazil, playing unconditionally within the four lines, based on express provisions of the Federal Constitution of 1988, I declare the State of Siege; and, as an act continuous, decree Operation of Guarantee of Law and Order”, concluded the document.

According to the Federal Police, studies sent by active-duty military personnel and the positions of Ives Gandra “possibly served as the basis for the preparation” of this draft.

One of the documents sent to Cid is an email sent by the lawyer in 2017.

It is a response to questions asked at the time by Major Fabiano da Silva Carvalho. The soldier was a student of the Army Command and General Staff Course, with research on the role of the Armed Forces as guarantors of constitutional powers.

According to Ives Gandra’s thesis, one of the Powers can activate the Armed Forces when in conflict with another Power. The military, then, should act as moderators to quell the confrontation — a thesis without any support with reality, even according to the decision of the STF.

“[O emprego dos militares] can occur in a situation of normality if in the conflict between Powers, one of them appeals to the Armed Forces, when there is no other solution”, wrote the lawyer to the military.

Another document, titled “Armed Forces as a Moderating Power”, was sent by Cid from one phone he has to another. In it, there is a “synthesis of Ives Gandra’s idea”.

“Violations of the Federal Constitution by the Judiciary would leave the other powers without the ability to correct the illegality. In view of this, the basis of the scholar’s thinking is in the interpretation that article 142 of the Constitution ensures the Armed Forces the role of avoiding abuses by the Power Judiciary”, continues the apocryphal text, which also presents a step by step of how the Armed Forces would be summoned as moderators.

wanted by SheetIves Gandra did not appear.

Lawyer Ives Gandra Martins specializes in tax law. Since the rise of Bolsonarism, his theses about the Armed Forces having the constitutional role of acting as a moderating power have gained traction among supporters of the former president.

In the Armed Forces, the lawyer’s theses have been disseminated for over 30 years. He was an emeritus professor of Constitutional Law at the Army Command and General Staff College, a center that trains the generals who assume the main positions in the Force.

This week’s lecture will be given at the Higher Studies Course in Politics and Strategy, in which colonels from the three Armed Forces, police, members of the judiciary and civil servants will participate.

In a note, the Ministry of Defense said that the lawyer gives lectures as a collaborator of the institution.

“The Escola Superior de Guerra is a study center and it is not responsible for formulating or executing the country’s policy. It should also be noted that the activities of the ESG [Escola Superior de Guerra] are of an exclusively academic nature and open to debate”, he added.

Generals consulted by Sheet state, with reservation, that Ives Gandra’s permanence in lectures and classes in military circles will not be avoided after the revelations of the Federal Police report.

They mention that the academic space is open to diverse opinions. Just as Ives Gandra presents positions more aligned with conservatives, there are professors considered progressive in the faculty.

One of the main arguments that military schools are open to everyone, according to the military, is the fact that the first lady, Rosângela Lula da Silva, attended post-graduation at the Superior School of War.

In 2011, Janja presented a course completion work entitled “Woman and Power: gender relations in defense and national security institutions”. She used concepts such as the social division of labor, by Karl Marx and Émile Durkheim, to support the monograph.