Ives Gandra da Silva Martins supported President Jair Bolsonaro in his election campaign, and in 2021 the defeated candidate published an interview where the lawyer spoke about Article 142 of the Constitution. The message sent was that the article would give the Armed Forces a moderation force when there is a conflict between the Powers. According to the text, there is a commentary on the role of maintaining law and order, one of the three duties constitutionally assigned to the Armed Forces. However, Ives Gandra’s interpretation is not shared by other jurists.
Now, in a column for the column, he returns to citing the conditions under which such an article might be triggered, insisting that the scenario would only be justified “if there was a systematic rigging of the vote and he did Electoral Justice”. Don’t take any action to fix it,” he said. “It can never be used to disrupt the structure of powers,” he wrote.
He also adds: “To date, there is no evidence of electoral fraud, so President Lula was elected president, albeit with a lower margin of vote”.
BRAZIL POST-ELECTION
By Ives Gandra da Silva Martins
The Brazilian elections were polarized between two charismatic leaders. Lula and Bolsonaro competed for the presidency even with the last votes counted in the most contentious election in Brazilian political history. Out of the universe of 150 million Brazilian voters, Lula got 40% support, Bolsonaro 39% support, and 21% didn’t. 60 million did not vote for Lula, 58 million for Bolsonaro and 90 million abstained, blank and white votes did not vote.
Movements of discontent by Bolsonaro voters erupted as soon as the result was announced and continued to the present day as the Electoral Judge realized that the Electoral Judge preferred candidate Lula, forbidding the traditional yet conservative social and media networks to comment on the matter. elections in the last 2 weeks before the elections.
I believe that time will lessen such pressures to cancel the elections.
Article 142 of the Federal Constitution, which allows the Armed Forces to secure law and order at the request of any authority, can only be used if there has been systematic fraudulent voting and the Electoral Court has not taken remedial measures. IT. It can never be used to corrupt powers.
To date, there is no evidence of electoral fraud, so President Lula was elected president, albeit with reduced votes.
In a more conservative Congress, rural and evangelical, it will have to establish itself with two powerful rostrums, with the business, finance, industry, agriculture, commerce and service sectors on which the country’s development depends. Given the autonomy of the Central Bank with an elected president in the current government, which has a mandate until 2024, it does not control monetary policy.
The country he inherited is much more complex than it was elected, 20 years younger in 2002, in a “boom” where meaningful voting and the world economy stagnated with the “Lehmann Brothers” event.
Maybe that’s why the vice president, who accounts for 40% of Brazil’s GDP, put the former governor of São Paulo in charge of the transition team – Geraldo Alckmin, who was and is a good three-term governor. moderate politician.
If Bolsonaro leads a responsible opposition, Alckmin will co-operate with the Lula government consistently and without radicalisation, prudently, so that the corruption scandals of the previous PT governments (mensalão and petrolão) are not repeated. Thus, in 2023, the whole world will be able to spend its first year by putting aside the promises that are out of the budget, as it will face the problems of falling growth, which will affect the country as well.
If we can bring the most conservative Congress, the most left-wing Executive, and the activist Judiciary into dialogue (Article 2 of the Supreme Law), so that we can regain the harmony and independence of forces, Brazil will overcome the momentary turmoil. I hope that in practice equal standing and opposition forces will find a common denominator for the good of the Nation.
Who is it: Ives Gandra da Silva Martins is Professor Emeritus at Mackenzie University and Schools of Army Command and General Staff – ECEME, War Superiority – ESG and Federal District Court – District 1 Judiciary; Honorary Professor at the Universities of Austral (Argentina), San Martinde Porres (Peru) and Vasili Goldis (Romania); Honoris Causa from the Universities of Craiova (Romania) and PUCs-PR and RS and Professor from the University of Minho (Portugal); He is the Chairman of the FECOMERCIO – SP High Council of Law, with his books and studies published in 21 countries.
source: Noticias
