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What is Article 142 that the Bolsonaristas ask to apply after the election of ‘Lula’?

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In Brazil, the demonstrations against the election of ‘Lula’ da Silva as the new president have not ceased and have taken on a belligerent character. The Bolsonaristas at the rallies ask that article 142 of the Constitution be applied, with which, according to some interpretations, the intervention of the Armed Forces would be legitimized after the electoral result on Sunday.

Since the definitive results were known last Sunday, which granted victory to the Workers’ Party candidate, Luiz Inácio ‘Lula’ da Silva, thousands of faithful of the current president, Jair Bolsonaro, have taken to the streets to ask for the application of Article 142 of the Constitution so that the Armed Forces intervene in the face of what they consider a favorable treatment of the federal organs towards the leftist.

According to analysts, article 142 of the Constitution defines the functions of the public force and at no time opens the way for it to intervene between the division of powers.

The article contains three aspects that are national defense, compliance with the Constitution and the maintenance of public order, the latter being interpreted by some jurists as the key piece to use it now, at a time when according to some, the public authorities are failing to comply. with your homework.

The analysts consulted by France 24 consider that the Constitution itself has sufficient counterweights to know if there are non-compliances and there is no figure of military intervention that some of the most radical followers of Bolsonaro.

What does Article 142 say and why do the Bolsonaristas call for its use?

The article says the following:

“Article 142. The Armed Forces constituted by the Navy, the Army and the Air Force, are permanent and regular national institutions, organized on the basis of hierarchy and discipline, under the supreme authority of the President of the Republic, and have as their purpose the defense of the Homeland, the guarantee of constitutional powers and, at the initiative of any of these, law and order.”

The first time that the Bolsonaristas called for a military intervention was in 2020, when Bolsonaro himself in a ministerial meeting said that it was possible that any branch of the State could ask the Armed Forces to intercede. The president appealed to this alleged figure after learning that his children were being investigated by the Federal Supreme Court (STF).

From that moment on, his followers began to use this argument to the effect that the military should be the mediator between the Executive and the Judiciary. After these statements, the dispute over the use of article 142 has been on the table.

In this particular presidential election, Bolsonaro’s supporters have taken to the streets to protest after ‘Lula’s’ victory. In more than twenty, radical followers and truck drivers have been blocking the roads since early Monday morning. This Wednesday night, however, the president urged his faithful to “unblock the roads” through a live broadcast on their social networks.

Supporters of Brazil's President Jair Bolsonaro partially block the Castelo Branco highway, as they protest Bolsonaro's defeat in the second round of presidential elections, in Barueri, Brazil November 2, 2022.
Supporters of Brazil’s President Jair Bolsonaro partially block the Castelo Branco highway, as they protest Bolsonaro’s defeat in the second round of presidential elections, in Barueri, Brazil November 2, 2022. © REUTERS – AMANDA PEROBELLI

One of the protesters told the France 24 special envoys team in São Paulo that they were “claiming article 142 exactly so that there is an intervention by the Armed Forces, because the elections were not legal. In some states, Bolsonaro had no votes. I don’t think there was fraud as such, but there was interference so that the president couldn’t campaign in some states as well as develop his policies.”

In Sao Paulo, Reinaldo Silva, who was demonstrating in front of an Army barracks, said that he hopes he “intervenes.” “We know that those elections were fraudulent,” he exhorted. An unfounded assertion, since it lacks evidence, but that it was put on the table in the run-up to the elections by President Jair Bolsonaro himself, who criticized the electronic voting electoral system and cast doubt on its effectiveness.

There were also rallies in Brasilia at military barracks, as in nine other states.

In Rio de Janeiro, hundreds of people have taken to the streets with the Brazilian flag to show support for the president, as well as honking their horns and shouting slogans against Luiz Inácio ‘Lula’ da Silva.

Pro-Bolsonaro protesters call for a military intervention, on Tuesday, November 2, 2022, in Rio.
Pro-Bolsonaro protesters call for a military intervention, on Tuesday, November 2, 2022, in Rio. © Andre Borges, AFP

One of them said that he had gone because he wants “Brazil to be free, socialism does not work with the Brazilian nation.” Another attendee said that “a federal intervention was necessary, we have a Supreme Court that was sold to the Workers’ Party.”

Da Silva won this Sunday, October 30, with 50.9% of the votes. Bolsonaro, although he did not explicitly acknowledge the results, said that he would respect the Constitution and gave his Cabinet the green light to start the transition.

Bolsonaro’s links with the Army

The current president is a former Army captain who has always had strong ties with the military and many of them support his administration, but the Armed Forces have been reluctant to participate directly in politics since the military dictatorship that left the country in chaos. and which was established in the country from 1964 to 1985.

Retired cavalry general Paul Chagas, who campaigned for Bolsonaro in 2018, said that “the military know very well what their duty is: the Constitution does not allow them to intervene in politics.”

Another general who was a spokesman for Bolsonaro, Rego Barros, said in a column published on Wednesday that it was time for the losers of the elections to give in and think about the future of Brazil and criticized “groups without a sense of responsibility that still seek to destabilize a social fabric weakened by provocations and misinformation.”

These two generals have old quarrels with the current president, since they fell out due to his pressure on the Armed Forces to support him politically.

However, it seems that the majority of the institution feels, which has not been in favor of an intervention despite the claims of the most radical pockets of supporters of the still president.

With local media and Reuters

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