The Federal Supreme Court (STF) began judging this week a lawsuit by the Social Liberal Party (PSL) against the section of the Military Penal Code that restricts public manifestations by members of the Armed Forces about careers. The rule also applies to firefighters and military police.
The trial began this Friday, 31, in the virtual plenary. In the modality, there is no debate between the ministers, they just register the votes in the online system. The deadline for voting is open until April 12.
The Military Penal Code was edited jointly by the Ministers of the Navy, Army and Air Force in October 1969, at the height of the dictatorship. The questioned passage prohibits criticism of hierarchical superiors, government resolutions and military discipline. The penalty for non-compliance is up to one year in prison.
The PSL claims that the rule violates the right to freedom of expression. The party filed the lawsuit in 2017, when lawsuits began to emerge against posts by military police on social media.
“Why should a doctor talk about health, an environmental engineer talk about the environment and a police officer not be able to talk about public safety? It can be seen that the rights to freedom of expression are guaranteed differently to public security professionals, with their regulations being outdated”, argued the party.
The rapporteur for the action is Minister Dias Toffoli. He opened the votes and defended that the right to freedom of demonstration is not absolute and, in this case, needs to be balanced with the ‘specificities’ of the disciplinary regime of military careers.
“It is necessary to pay attention to the singularity of military careers, whether they are police or military, as they are equally subservient to the postulates of hierarchy and discipline”, he wrote.
Toffoli also defended that the section of the Military Penal Code seeks to avoid ‘excesses’ that ‘compromise internal hierarchy and discipline, which are indispensable postulates for military institutions’.
“And thus, ultimately, to prevent national security and public order from being put at risk, legal assets that are vital for life in society”, concluded the minister.
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