Dino rebuts Aras: the Supreme Court, not the Armed Forces, is the body that exercises constitutional review.
The governor of Maranhão, Flávio Dino, argued that "in Brazil, it is the Supreme Court that exercises control over constitutionality, not the Armed Forces," refuting Aras's statement that "the Armed Forces can intervene when 'one branch of government encroaches on the competence of another.'"
247 - The governor of Maranhão and former magistrate, Flávio Dino, defended this Tuesday (2) that “who exercises control of constitutionality in Brazil is the Supreme Court, not the Armed Forces”, rebutting the statement by the Attorney General of the PGR, Augusto Aras, that “the Armed Forces can intervene when 'one Power invades the competence of another'”.
During an interview with presenter Pedro Bial, Aras gave his interpretation of article 142 of the Constitution, which defines the role of the Armed Forces and which has been invoked by Bolsonaro supporters to call for the closure of the National Congress and the Supreme Federal Court.
"Constitutionally, the Armed Forces act as guarantors of the Constitution. When Article 142 establishes that the Armed Forces must guarantee the functioning of the constituted Powers, this guarantee is within the limits of the competence of each Power," said the Attorney General, who is investigating Jair Bolsonaro in the inquiry into allegations of interference in the Federal Police, made by former minister Sérgio Moro.
"The delimitation of powers between the branches of government is a constitutional matter. And in Brazil, it is the Supreme Court that exercises control over constitutionality, not the Armed Forces. I think the Attorney General should safeguard this, since it is impossible for him to petition in the face of cannons and rifles," declared Dino.