military intervention means the use ofmilitary forces (Army, Navy and Air Force) to control a state that has not requested intervention.
It is very common for military intervention to be confused with federal intervention, which is authorized by law under specific conditions to control a situation that should be the responsibility of the government.
Military intervention, as a way to control the Powers of a country (Legislative, Executive and Judiciary) can be considered a coup d'etat, that is, an illegal way to overthrow a constitutionally legitimate government.
Does constitutional military intervention exist?
Do not. What is provided for in the Federal Constitution is the federal intervention, which occurs when the government, without success, has already sought other possibilities for maintaining social order and public safety.
It is important to know that federal intervention is a measure that can only be adopted in specific and extreme situations. This concept is found in §2 of article 15 of Complementary Law No. 97/99, which defines the rules for the use of the Armed Forces in the country.
According to the article, the Armed Forces can act to guarantee order in the country after the other possibilities of guaranteeing public order have already been exhausted. In addition, the law determines that the decision for the intervention of the Armed Forces must come from the President of the Republic.
How does federal intervention take place?
For federal intervention to take place, the government must analyze the existing crisis and what the possible consequences for the country are. Based on the result of this analysis, the possibility exists to justify the request for intervention.
It is also determined by law that federal intervention must be necessarily temporary and limited and must have a previously defined area of action.
The request for military intervention can only be made by:
- President,
- head of one of the Three Powers (President of the Federal Senate, the Chamber of Deputies or the Federal Supreme Court).
Intervention and coup d'etat
Military intervention, as a way of "taking over the reins" of the government, is a totally unconstitutional action, being, therefore, a coup d'etat. According to the law, the intervention of the Armed Forces, rather than threatening the democratic system, the Three Powers and the sovereignty of the Presidency, must be used to protect them.
Thus, what is often called "constitutional military intervention" is a misunderstanding based on the misinterpretation of the article 142 gives Federal Constitution (CF).
Art.142. The Armed Forces, made up of the Navy, the Army and the Air Force, are permanent and regular national institutions, organized on the basis of hierarchy and discipline, under the supreme authority of the President of the Republic, and are intended for the defense of the Homeland, the guarantee of constitutional powers and, on the initiative of any of these, of the law and order.
The article of the Constitution states that the Armed Forces must enforce the law and the law says it is the duty of the military to defend the supreme authority of the President of the Republic, and not threaten her.
Article 142 of the CF defines that the function of the Armed Forces is linked to the protection of the Three Powers, in addition to protection against possible invasions by other States in Brazilian territory. Therefore, this concept of protecting the Armed Forces cannot be confused with military intervention.
What can be the consequences of a federal intervention?
If a federal intervention takes place, it can cause some changes in the way the state works.
During intervention, the State may temporarily lose its capacity over some decisions, which are then taken by the military responsible for the intervention – called interventors.
An intervention can also change the routine of citizens because preventive (and in some cases repressive) military operations may take place with the aim of restoring public security in the country.
military intervention in Brazil
In Brazil, the military intervention represented a period that was historically marked by being the Military dictatorship between 1964 and 1985 (more than 20 years).
On April 1, 1964, the government of João Goulart (after the resignation of President Jânio Quadros) was deposed and the military regime began a few days later, with a coup d'état. The end of the military dictatorship in Brazil happened in 1985, with João Figueiredo being the last president of this period.
Some demonstrations made between 2014 and 2015, against the Brazilian government, called for military intervention as a solution to resolve issues related to the economy, corruption and national security. However, the protesters who demand this type of intervention are usually unaware of the consequences that this act would bring to the democratic right of society.
Learn more about the meaning of Military dictatorship and know the main Characteristics of military dictatorships.
Legal discussion on military intervention (as a synonym for coup d'etat)
There is a legal discussion on the subject, especially regarding the possibility that an intervention by the Armed Forces could characterize a coup d'état. To clarify this doubt, it is necessary to pay attention and not confuse the concepts of federal intervention and military intervention.
Federal intervention, provided for in the Constitution, it's not a coup d'etat.
On the other hand, military intervention, in which the military acts on its own and not at the request of the government, is unconstitutional and features a coup d'etat.
humanitarian intervention
Humanitarian intervention, which cannot be confused with military intervention either, takes place when a country, through the use of the Armed Forces, enters other countries to provide assistance humanitarian.
At the international level, this intervention takes place when the military of a country is sent to a third nation with the aim of temporarily controlling the interests of that country.
Normally, in these cases, military intervention is justified in particular situations, such as when a certain nation suffers from civil wars intense or lacking a command that guarantees its safety, or even when the population is neglected by the government of that country.
Learn more about the meaning of Coup d'etat.