During Jair Bolsonaro’s four years as Brazil’s president, the far-right repeatedly (and falsely) claimed that he legally had the power to call for a military intervention, a dog-whistle term for a coup. This idea revolved around Article 142 of the Constitution, which deals with the role of the country’s Armed Forces. Now, with Mr. Bolsonaro out of power, allies of the new president, Luiz Inácio Lula da Silva, want to rewrite that article to put any misconceptions to rest for good.
Article 142 establishes the Armed Forces as “permanent and regular national institutions” that can, “on the initiative of any [branch of government],” guarantee law and order in the country. Mr. Bolsonaro’s supporters cited this line as a possible justification for launching a self-coup.
Article 142 found its way onto banners and signs during pro-Bolsonaro (and anti-democratic) demonstrations. On a sunny Sunday in May 2020, at the beginning of the Covid pandemic, the then-president organized a rally in front of the presidential palace. One sign read “Enough with Congress and the Supreme Court!! [Article] 142 now.”
More common, however, were banners calling for “military intervention” and for the president to order the Armed Forces to guarantee “clean elections.” While not explicitly mentioning Article 142, these signs were based on the understanding that a constitutional self-coup was possible.
Conservative legal scholar Ives Gandra da Silva Martins has argued that Article 142 defines the Armed Forces as a “moderating power” to settle disputes between the three branches of government. This interpretation has been widely cited by the...
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