The Federal Supreme Court (STF) formed today (12) a majority of votes to maintain the punishment of military personnel who criticize hierarchical superiors. So far, seven ministers have spoken out to maintain the rule, which is provided for in the Military Penal Code. The case is judged by the virtual plenary of the Court, a modality in which the ministers enter the votes in the electronic system and there is no in-person deliberation. The trial is due to close at 11:59 pm. The judgment is motivated by an action filed by the PL in 2017. In the action, the party asked that Article 166 be considered not approved by the 1988 Constitution based on the guarantee of freedom of expression. The norm dates back to 1969. The text provides for a prison sentence of two months to one year for a soldier who, without a license, publishes an official document or publicly criticizes an act by his superior. When analyzing the case, the rapporteur of the action, Minister Dias Toffoli, stated that the device is compatible with constitutional norms by preserving the principles of hierarchy and discipline. “The norm intends to avoid excesses in the exercise of freedom of expression that compromise internal hierarchy and discipline, postulates that are indispensable to military institutions, and, thus, ultimately, prevent national security and public order from being jeopardized, legal assets that are vital for life in society”, highlighted the minister. The rapporteur was accompanied by ministers Alexandre de Moraes, Ricardo Lewandowski, Edson Fachin, André Mendonça, Cármen Lúcia and Gilmar Mendes.
Agência Brasil
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