Supreme Court asserts Armed Forces do not serve as "moderating power"

By 11 votes to zero, the justices of the Federal Supreme Court (STF) clarified in a voting process that ended on Monday (Apr. 8) that the Constitution does not allow the Armed Forces to play the role of "moderating power" in Brazil. This thesis was touted by former president Jair Bolsonaro and used as an argument to justify possible military intervention in the event of conflicts between the Three Powers—Executive, Legislative, and Judiciary.

The decision arises from a lawsuit filed in 2020 by the Democratic Labor Party (PDT) aiming to prevent the use of Article 142 of the Constitution to justify the Armed Forces' interference in the functioning of democratic institutions.

In June 2020, Justice Luiz Fux, the rapporteur of the case, issued an injunction confirming that Article 142 does not sanction the intervention of the Armed Forces in the Three Powers. As per the provision, the military is under the authority of the president of the nation and is tasked with defending the country and ensuring constitutional powers.

According to Fux, the power of the Armed Forces is circumscribed and precludes any interpretation allowing interference in the operations of the Three Powers. It cannot be wielded by the president of the country against these powers.

"The institutional mission of the Armed Forces, which encompasses defending the homeland and ensuring the integrity of constitutional powers and law and order, does not permit the exercise of a moderating role between the Executive, Legislative, and Judiciary powers," stated the rapporteur.