Plenary of the Federal Supreme Court (STF).| Photo: Carlos Moura/SCO/STF.

The Federal Supreme Court (STF) formed a majority this Wednesday (12) to authorize military personnel to be punished for public criticism of acts by superiors or government resolutions. Ministers analyze an Argument of Non-compliance with a Fundamental Precept (ADPF) presented by the PSL in 2017, which questioned the validity of article 166 of the Military Penal Code (CPM).

Today, the PSL, as well as the DEM, are part of União Brasil. In the action, the party argued that the rule violates the right to freedom of expression of the military. According to the caption, police and military firefighters are punished with sanctions such as reprimand and even arrests due to publications on social networks. According to the norm, detention can reach one year.

Minister Dias Toffoli, rapporteur for the case, considered that the rule does not violate the Constitution and “intends to avoid excesses” that compromise the hierarchy. “The norm intends to avoid excesses in the exercise of freedom of expression that compromise internal hierarchy and discipline, postulates that are indispensable to military institutions, and, thus, ultimately, prevent national security and public order from being jeopardized, legal assets that are vital for life in society”, wrote the rapporteur.

The minister pointed out that each case can be analyzed individually. The Court analyzes the issue in the virtual plenary and the trial ends on Wednesday night. So far, the ministers Alexandre de Moraes, Ricardo Lewandowski, Edson Fachin, André Mendonça, Gilmar Mendes and Cármen Lúcia have accompanied the understanding of the rapporteur.