Minister Dino says that the military function is ‘subaltern’ to the Powers and criticizes echoes of the coup

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1964 military coup turns 60

Minister Flávio Dino, of the Federal Supreme Court (STF), voted this Sunday (31), the date on which the 1964 military coup turns 60, against any interpretation that allows the Armed Forces to intervene in the Powers. The information is from the Terra website.

In his vote, he stated that there is no “military power”. “Power is only civil, made up of three branches anointed by popular sovereignty, directly or indirectly. To such constitutional powers, the military function is subordinate,” he wrote.

Flávio Dino suggested that all military organizations, including training schools, be informed of the outcome of the trial as soon as it is completed.

“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”,

said the minister.

The topic was taken to the STF based on an action presented by the PDT in 2020. Voting is underway in the virtual plenary. So far, ministers Luiz Fux (rapporteur) and Luís Roberto Barroso have positioned themselves in the same direction.

Flávio Dino also used his vote to criticize the 1964 coup, which he called an “abominable period”. “The rule of law has been shattered by the illegitimate use of force,” he wrote. “These are pages, to a large extent, surpassed in our history. However, there are still echoes of this past that insists on not passing away, which proves that it is not as past as it appears to be.”

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