The Public Ministry must present this Tuesday (3) a representation so that former president Jair Bolsonaro and other military personnel convicted of the 2022 coup plot are expelled from the Armed Forces. The initiative, revealed by Economic Valueis based on the thesis of indignity and incompatibility for officialdom, provided for in the Constitution.
The request concerns officers who received sentences of more than two years with final judgment, a necessary requirement for opening the procedure that can lead to the loss of rank and rank.
In addition to Bolsonaro, a retired Army captain, the representation includes generals Walter Braga Netto, Augusto Heleno and Paulo Sérgio Nogueira, as well as admiral Almir Garnier. All were convicted in the process that investigated the attempted institutional rupture judged by the First Panel of the Federal Supreme Court last year.
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From a legal point of view, the measure is anchored in article 142 of the Constitution, which establishes that officers definitively sentenced to sentences exceeding two years may be subjected to a specific trial to evaluate their permanence in the Armed Forces.
The use of this device draws attention due to its contrast with the political reading made by Bolsonaro’s allies during the 2022 electoral period, when the same article was cited in a distorted way to support the idea of a supposed “moderating power” of the military over the other Powers. Now, the constitutional text is used in the opposite direction: to remove officials convicted of violating the democratic order.
If accepted, the representation paves the way for relevant institutional consequences, including the loss of ranks, prerogatives and benefits associated with a military career.
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