Paiva and Múcio agree with the STF’s rejection of the moderating power of the FA

The commander of the Brazilian Army (EB), General Tomás Paiva, and the Minister of Defense, José Múcio, endorsed the understanding reached by the Federal Supreme Court (STF) to reject the moderating power of the Armed Forces.

The statements were obtained and released by CNN Brazilthis Tuesday morning (2).

General Tomás Paiva said that he “totally” agrees with the STF and that “there is nothing new” in the Supreme Court’s understanding of article 142 of the Federal Constitution. Minister José Múcio said that the STF’s understanding of the issue “is confirmation of the obvious”.

This Monday (1st), the STF formed a majority against the interpretation that the Armed Forces can exercise “moderating power” in the country. The trial takes place in the virtual plenary and is scheduled to end next Monday (8).

The Court analyzes an action filed by the PDT in 2020. The party questioned 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.

So far, the understanding of the case’s rapporteur, Minister Luiz Fux, prevails, who in his vote stated that “the institutional mission of the Armed Forces in defending the homeland, in guaranteeing constitutional powers and in guaranteeing law and order does not accommodate the exercise of moderating power between the Executive, Legislative and Judicial powers”.

In 2020, Fux even granted an injunction confirming that article 142 does not authorize intervention by the Armed Forces in the Three Powers.