Military Justice makes offensive to change image after 1/8 – 03/26/2023 – Power

Under the spotlight after the Jair Bolsonaro (PL) administration and the anti-democratic attacks on January 8, the Military Justice began to reinforce the discourse that it is not permissive and that it has judged and punished members of the Armed Forces who committed irregularities.

The rise in tone has been happening amidst the beginning of Luiz Inácio Lula da Silva’s (PT) term in the Presidency of the Republic and the change in command of the STM (Superior Military Court) to Lieutenant-Brigadier Francisco Joseli Parente Camelo.

In addition, the attributions of this branch of the Judiciary have been discussed in cases that are being processed by the STF (Federal Supreme Court) and that aim to restrict them.

The debate on improving the dissemination of the work of the Military Justice is not new and was already dealt with in 2021 between the court and the CNJ (National Council of Justice), but ended up being run over amid the series of coup threats made by Bolsonaro and without reaction against the Armed Forces.

There was also intense participation of the military, including active duty, in key posts in the Bolsonaro government.

Now, a mantra repeated by the Military Justice is that it will not be tolerated for its members to manifest themselves in a party-political way or to position themselves in a way that threatens the democratic rule of law.

The position of the Military Justice is in line with that of the new commander of the Army, General Tomás Paiva, who, in a teleconference earlier this month with all officers and sergeants of the Force, advised that they also cannot have profiles on social networks with identification of function military and rank.

In a similar move, the Navy sent a statement to its officers setting a 90-day period for active-duty service members to resign from political parties, at the risk of being punished.

The Constitution already prohibits members of the Armed Forces from having party affiliation, but oversight overlooks this.

“With the purpose of complying with current legislation, after the stipulated period of 90 days has elapsed without the corresponding disaffiliation, the appropriate disciplinary measures will be adopted as a result of the eventual non-compliance with the constitutional norm”, says an excerpt from the statement, obtained by the Sheet.

Army and Air Force took measures in the same direction.

The Army said, in a note, that it had issued a determination that “in the shortest possible time” the military would leave political parties. “Since such a situation is contrary to current regulations and is subject to disciplinary action”, the Land Force also said.

The FAB (Brazilian Air Force) argued, also in a note, that the Federal Constitution already provides that “the military, while on active duty, cannot be affiliated with political parties”.

The body said it periodically guides its military “to consult the Electoral Justice, so that they are not surprised by affiliations to which they have not given cause”.

The Minister of Defense, José Múcio Monteiro, also articulated with commanders Tomás Paiva (Army), Marcos Olsen (Navy) and Marcelo Damasceno (Aeronautics) a draft of a PEC (proposed amendment to the Constitution) to prevent military personnel from remaining in active duty if contest elections or assume leadership positions in the Executive.

The text is at the Planalto Palace, which should suggest adjustments and send the proposal to the National Congress in April.

Although the majority of investigations related to the coup attacks on the headquarters of the three Powers have been under the responsibility of the STF, by decision of Minister Alexandre de Moraes, two procedures are still being processed in the Military Justice on the subject.

Both deal with military manifestations on the subject. One of the investigations concerns the suspicion of insult by an officer who criticized the Army High Command for not having carried out a coup against Lula; another is about a member of the Armed Forces who praised the coup movement on social networks.

Other similar actions, which do not necessarily deal with January 8, also began to be publicized more prominently by the Military Justice.

This is the case of the conviction of a major from the 2nd Construction Engineering Battalion of Teresina who wanted to run for federal deputy and openly supported Bolsonaro.

Despite having been alerted, he did not stop publishing and was convicted in two military criminal actions for the crime of refusing obedience to a sentence of two years in prison.

Military Justice has also given more prominence to actions that prevent members of the Armed Forces from being promoted to officers due to previous convictions for crimes such as, for example, corruption.

At the Supreme Court, processes that deal with the limits of action of the Military Justice and what are its responsibilities have been placed and removed from the agenda for years.

In 2023, after the 8th of January, one of them advanced. The judgment concerned the possibility of the Military Justice to analyze crimes that occur in the so-called “exercise of subsidiary attributions of the Armed Forces”, such as in GLO operations (Guarantee of Law and Order).

On the occasion, Minister Ricardo Lewandowski stated in his vote that the rules create a privileged forum for the military that violates the principle of isonomy and due process of law. The trial, however, was suspended.

Another case awaiting a decision by the STF, reported by Minister Gilmar Mendes, questions the possibility of civilians being tried by the Military Justice in times of peace.

In Joseli’s inauguration as president of the STM, the defense of the work of the Military Justice was even made in a speech by the attorney general of the Military Justice, Antônio Duarte.

Present at the occasion were Lula, the President of the Senate, Rodrigo Pacheco (PSD-MG), and the President of the Supreme Court, Rosa Weber, as well as ministers such as Alexandre de Moraes.

“The presence in this solemn act of authorities of expression of the three branches of government and other relevant institutions already indicates that, in addition to the personal prestige of those now sworn in, there is also the unequivocal respect for the history of this centuries-old branch of Brazilian justice”, said Duarte.

“The Military Justice of the Union integrates, with great dignity and pride, our country’s Judiciary Power, being one of its specialized bodies”, he added.

“Therefore, not resembling any existing court-martial in other countries and never constituting exceptional justice, as some, with the clear intention of diminishing its importance, seek to disseminate, irresponsibly and disrespectfully.”