Prosecutor Aras Infers Armed Forces May Act If One Power ‘Invades’ Another, Then Recants

RIO DE JANEIRO, BRAZIL – An excerpt from Federal Prosecutor General (PGR) Augusto Aras’s interview with TV presenter Pedro Bial has shocked Federal Supreme Court (STF) justices and legal scholars. In the interview, Aras stated that a governmental Power – Executive, Legislative or Judicial – that invades the jurisdiction of another Power could trigger an intervention by the Armed Forces.

The immediate reaction to the statement was so critical that a few hours later, Aras was forced to backtrack and publish an explanatory note on the site of the Public Prosecutor’s Office.

Aras is interpreting Article 142 of the Constitution, which defines the role of the Armed Forces. According to him, the article provides that the Armed Forces play the role of guarantor of the Three Powers, and, in theory, can intervene when one Power interferes with another.

What Aras said in the interview:

“When Article 142 states that the Armed Forces must guarantee the functioning of the established Powers, this guarantee is limited by each Power’s respective competence. A Power that invades the jurisdiction of another Power, in theory, would not merit the protection of this constitutional guarantee. If the established Powers act within their own competence, without encroaching on the competence of the other Powers, we need not face a crisis that would require the guarantors to take effective action of any nature”.

When asked if the country would be close to such a scenario, Aras answered: “I will not be the Prosecutor General who becomes a catalyst for an institutional crisis of this nature”.

Reaction from Supreme Court Justices

Aras’ claim surprised the STF.  “Who said the Armed Forces are guarantors of the Constitution? Who will determine if there’s been an invasion? That doesn’t make any sense,” criticized one of the Justices, choosing to remain anonymous. Another Justice, critical of Augusto Aras’s open alignment with Jair Bolsonaro, said he was “not surprised” by the statement.

Subsequent explanatory note on Federal Public Prosecutor site

“Regarding interpretations made of a declaration on the program Conversa com Bial about Article 142 of the Federal Constitution, the federal prosecutor general, Augusto Aras, affirms:

“The Constitution does not provide for military intervention. Generally, institutions function normally; the Powers are harmonious and independent. Each of them has to practice self- limitation so as not to contribute to an institutional crisis. Conflicts between constitutional Powers, combined with a public calamity and other social factors, may culminate in social disorder.  The Armed Forces exist to defend the homeland, to guarantee the constitutional Powers and, when instigated by any of these, to guarantee law and order, for the purpose of preserving Brazil’s regime of participatory democracy.”

Sources: Época, Migalhas

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