Brazil’s Supreme Court warns Bolsonaro against Armed Forces takeover of country based on Article 142

In the last 72 hours, there has been much chatter and speculation on social media about Jair Bolsonaro having already placed Brazil under the Armed Force’s tutelage.

It is also rumored that the country’s Superior Military Court STM has already responded positively to the complaints against the controversial censorship czar Alexandre de Moraes and his colleagues from the Supreme Court STF, and has issued a warrant for the arrest of 7 or 9 judges of the Supreme Court.

This is as far as the rumors go.

But given the Supreme Court’s reaction today, one can only wonder if these rumors must be at least partially true.

Why else would the otherwise inaccessible body comment on it at all?

Thus the committee announces that the Justices of the Supreme Court (STF) will adopt a course of action if President Jair Bolsonaro (PL) tries to summon the Armed Forces.

The information is from the website Metrópoles.

According to the website, the president is considering invoking Article 142 of the Constitution because of the partiality of Alexandre de Moraes as the head of the Superior Electoral Court (TSE).

In case Bolsonaro activates it, the STF will react quickly, so the announcement.

The Supreme Court will strike down the decree based on two decisions of the court itself:

On the 1st of 2020, Luis Roberto Barroso pointed out that the Armed Forces cannot act as moderators in case of friction between the Powers of the Republic.

The second decision, also from 2020, is from Luiz Fux. The Justice stated that the institutional mission of the Armed Forces has limited power.

(This document is said to be the basis on which the Brazilian Supreme Court members will be sought and, in part, arrested. The authenticity of this document was requested by us, but could not be established until publication. )

In the decision, Fux also pointed out that “any interpretation that allows its use for undue interference in the independent functioning of the other Powers is excluded”.

In addition to the judicial measures to try to annul the invocation of Article 142, there is the expectation of magistrates that Bolsonaro could respond criminally for attempting to trigger it.

In the STF, there is the assessment that Bolsonaro may invoke article 142, but also the perception that there is no sign of support from the Armed Forces.