(Opinion) “The Ministry of Defense is approved to be the agency that interprets the Constitution in Brazil.”
This headline from Brazil could sound innocent, even uninteresting, nevertheless it harbors explosive drive in mild of the show-down between Jair Bolsonaro and the Brazilian Supreme Court within the decisive battle for energy within the nation.
The Official Gazette of the Union revealed the approval of the interior rules of the Legal Consultancy to the Ministry of Defense.
From now on, the Ministry of Defense will formally train the perform of deciphering the Constitution.
This privilege of deciphering the Constitution sometimes belongs to the Supreme Court.
It is Brazil’s highest court docket of legislation for constitutional points, and its rulings can’t be appealed.
The normative order is signed by the Union’s attorney-general, Bruno Bianco.
Just yesterday, the Supreme Court warned what it could do ought to Jair Bolsonaro activate Article 142 and thus have the Armed Forces take energy in Brazil. Read right here.
With this new regulation, the Supreme Court can interpret no matter it needs, so it appears.
It might be overruled at any time by the Ministry of Defense, a loyal supporter of Bolsonaro.
And if the Ministry says the situations for the activation of Article 142 are given, then so be it. Done.
Quite legally, could we add.
Here is the textual content of the publication:
“THE LEGAL COUNSEL TO THE MINISTRY OF DEFENSE
Section I
Category and Competence
Art. 1º The Legal Counsel to the Ministry of Defense, an company of the Office of the General Counsel to the Union, in accordance with artwork. 2º, clause II, letter “b”, of the Complementary Law nº 73, of February tenth, 1993, is answerable for
I – to supply authorized recommendation and consultancy inside the scope of the Ministry of Defense;
II – to ascertain the interpretation of the Constitution, legal guidelines, treaties, and different normative acts, to be uniformly adopted within the Ministry’s space of operation when there isn’t a normative steering from the Attorney-General of the Union”.
Read the whole ordinance right here.
It might be fascinating to see what sort of authorized wrangling might be unleashed in Brazil.
And who will win in the long run?
What is definite is that we’ve by no means seen the Brazilian Supreme Court in such a weak place.
And it seems to be prefer it could possibly be overwhelmed at its personal recreation.
The legislation.