Legal dialogues on moderating power in Brazil

Federal Supreme Court and the limits on the action and subordination of the armed forces

Abstract

This study seeks to explore the nuances inherent in recent discussions on the interpretation of the moderating power as a “fourth institution” of the Republic. The research focuses on the theoretical and historical basis to identify the points that were urgent in the discussions and the final understanding of the Federal Supreme Court (STF), especially with regard to the legal and constitutional responsibilities of the Armed Forces in Brazil. In view of this, the text highlights the importance of preserving the theory of separation of powers, especially in defense of the Democratic Rule of Law. Therefore, it is identified that interpreting the moderating power under the aegis of the contemporary scenario will be done through the development of a “Supremocracy”, a period in which a certain power could act as a moderator of conflicts in society, inserted between the constituted powers. Restricted to the defense of law and order when called upon, in the end, it seeks to present arguments that reinforce that the Armed Forces in Brazil should not get involved with issues outside their mere institutional attribution, with the purpose of avoiding the occurrence of the same mistakes made in the recent past. Therefore, it is argued that the nation should continue to adopt the democratic option, recognizing popular sovereignty as a fundamental principle, and rejecting any mechanism that threatens or restricts fundamental rights and guarantees.