Moraes says that the “moderating power” of the Armed Forces is a “poor coup interpretation”

The Minister of the Federal Supreme Court (STF) Alexandre de Moraes voted this Friday (5) against the thesis that the Armed Forces can exercise “moderating power” in the country. The Court analyzes an action filed by the PDT in 2020, which questions the use of article 142 of the Constitution to justify the use of the Army, Navy and Air Force to interfere in the functioning of democratic institutions.

Moraes defended the “submission of the Armed Forces to Civil Power, as a basic and essential characteristic of democratic governments”.

“Never in the history of democratic countries has there been a prediction of the Armed Forces as one of the State Powers, or even more serious – as was intended in the pitiful, absurd and anti-democratic ‘coup interpretation’ – there has never been a prediction of the armed forces as a moderating power. , above other state powers”, wrote the minister.

Moraes reinforced that the “preservation of civil supremacy over military supremacy is essential to the democratic rule of law”. He mentioned that the Federal Constitution provides for the application of two exceptional measures to restore order in times of abnormality, the State of defense and the State of siege.

However, the minister pointed out that these “anomalous and temporary” initiatives are “established in response to a specific threat to the democratic order” and “never to attack democracy itself”.

In his vote, the judge highlighted that it is up to Congress to approve the implementation of the State of defense or the State of siege. “Eventual disrespect by the President of the Republic in relation to the decision of the National Congress will constitute a crime of responsibility”, he said.

“The ignoble interpretation of the provision of the Armed Forces as the Moderating Power of the Brazilian State would result in the concentration of power in a single, armed organ of State administration, in absolute disregard for the Federal Constitution and the rules of the Democratic Rule of Law, characterizing a true state authoritarian”, reinforced Moraes.

The trial takes place in the virtual plenary and is scheduled to end next Monday (8). So far, the score is 9 votes to zero. The case’s rapporteur, minister Luiz Fux, argued that article 142 does not authorize intervention by the Armed Forces in the Three Powers.

In addition to Moraes, ministers Luís Roberto Barroso, André Mendonça, Edson Fachin, Flávio Dino, Gilmar Mendes, Cármen Lúcia and Cristiano Zanin followed Fux’s understanding. The votes of ministers Dias Toffoli and Nunes Marques are missing.

Dino presented a reservation to the rapporteur’s vote, adding the determination that, in addition to the Attorney General’s Office (AGU), the full ruling determined by the STF on the subject must be sent to the Minister of Defense, José Múcio, so that “ dissemination to all military organizations, including training and improvement schools and the like.” The initiative was supported by Gilmar Mendes and Moraes.

“The notification aims to expunge misinformation that reached some members of the Armed Forces with little practical effect, but worthy of maximum attention due to its high potential for harm to the Homeland”, Dino pointed out.