The Navy commander says that article 142 does not give the military "moderating power" and that interpreting the Constitution is the role of the Supreme Federal Court.
"The Armed Forces are not there to discern what might become a dispute between two branches of government. Interpreting the Constitution is not the role of the Armed Forces," said Marcos Olsen.
247 - The Navy commander, Admiral Marcos Sampaio Olsen, criticized the politicization of the Armed Forces and stated that he considers it a mistake to use Article 142 of the Federal Constitution to try to justify a military intervention in Brazil, as Bolsonaro supporters wanted.
“Looking at Article 142 of the Constitution and seeing the Armed Forces as a moderating power is a mistake. The Armed Forces are not there to discern what might become a dispute between two branches of government. The role of interpreting the Brazilian Constitution does not belong to the Armed Forces. It belongs to the Supreme Federal Court (STF),” Olsen said in an interview with the newspaper. The Globe.
Along these lines, the admiral also criticized the presence of military personnel in government positions, as happened throughout Jair Bolsonaro's (PL) term. “I think it's wrong to remain in these public positions as an active-duty officer. If a member of the military moves to hold a public office, they must request a transfer to the reserve. Otherwise, they cannot assume the position. This condition could even be automatic: if they accept the position, they go into the reserve.”
"What is perhaps very much in the spotlight today is the politicization of the Armed Forces. A condition that has been brought about. Although four years may seem like a very short period, this has, in a way, brought the military into a context very close to politics, which is not desirable," he added.
In an attempt to depoliticize the atmosphere in the Navy, Olsen mandated that active-duty military personnel disaffiliate from political parties and established a 90-day deadline for this to be implemented, under penalty of punishment for those who commit the "disciplinary infraction" stipulated by military regulations.
“This is a disciplinary infraction that must be investigated in an administrative process, on a case-by-case basis, guaranteeing the full right to defense. We observed that several military personnel were affiliated without their knowledge, due to bad faith on the part of various parties. I myself checked to see if I was affiliated. We have established a 90-day period for them to request their disaffiliation, demonstrating good faith. From then on, we will conduct another screening. Those who remain affiliated will be subject to administrative proceedings. They will have the opportunity to defend themselves and may eventually be punished,” he emphasized.