The minister of the Federal Supreme Court has exposed this week disagreements in relation to the minister’s positions in cases related to the attacks of January 8, 2023 and the 2022 coup plot.
It was Fux’s first disagreements and a break from the unanimity of the first class around the rapporteur Moraes in the most rumor cases of pockets under analysis in the collegiate.
Fux’s demonstrations during the trial finalized on Wednesday that former President Jair Bolsonaro (PL) and seven others reported by the coup plot must be exploited by the defenses, including the denunciation of the Lieutenant Colonel, the leading the accusation of the (Attorney General of the Republic).
So far, Fux has expressed concerns about the typification of crimes – or that is, the categorization of crimes – defined by the PGR, the fact that cases are processed by the Supreme and also the first class, and not by the plenary in the case of the coup plot, in addition to the sizes of penalties that may be applied in case of conviction.
The disagreement has already appeared on the eve of the trial. On Monday (24), by the hairdresser Débora Rodrigues dos Santos, during the scammers of January 8, 2023.
At first, according to advisers near Fux, the measure would have been a way of trying to lower the tension around the court, which has been criticized by the case.
However, in addition, Fux began to reflect on some points of discussions around these cases in the face of criticism of public opinion and part of the legal community, especially criminal lawyers.
On Wednesday, he said during the session: “We judged under violent emotion after the verification of the January 8 tragedy. I went to my former globe, that Minister Rosa [Weber] It was my vice president, I saw burnt table, burnt papers. But I think judges in your life always have to reflect on mistakes and hits. “
Fux’s posture this week would be, more than a turn to a larger conflict with Moraes, the marking of positions and a call for reflections on details and nuances of cases in the supreme.
The minister previously warned Moraes both of the request for a view of Deborah and the questions he would make during the sessions of receiving the complaint.
Moraes responded to his colleague during Wednesday’s session and said “it was not a simple graffiti” and that the defendant stayed in camp and joined an attempt to blow.
In the first part of the trial, Fux was presented by the defendants’ defenses.
The ministers denied five preliminaries raised by lawyers, such as the rapporteur’s bias, the nullity of Mauro Cid’s award -winning collaboration and the case to the Supreme Plenary.
Fux’s divergence was about the forum debate, which he maintained the most restricted understanding of the issue, already manifested at other times.
About the denunciation, the magistrates agreed that the validity of the collaboration would be discussed after receiving the complaint during the criminal action. But, according to Fux, it was the most complex preliminary under analysis and in which he pointed out more discomfort.
“There is a rule that those who participate in the process have to do good faith. And it’s something very serious. Nine allegations represent no denunciation. So much omission there were nine allegations,” he said.
The minister said that, as it is possible that Cid will be heard again, he would like to follow. “The employee will surely be heard in court. I would even ask for a kindness to watch the hearing.”
Finally, he accompanied the rapporteur by denying the nullity of the denunciation, but pointing out that the reason was that was not the most appropriate time to evaluate the legality of the agreement and noting to see the trajectory of the collaboration of the former Bolsonaro orders with caveats.
“This is not the moment, but I see with a lot of reserve nine allegations of the same collaborator, every hour presenting a novelty. I reserve the right to evaluate at the moment the legality of this denunciation, but I follow that it is not the time to declare nullity,” he concluded.
In the case of the hairdresser Débora Rodrigues, the minister intends to analyze the case with the most time.
Court advisers close to the ministers evaluate, however, that it is low to the chance of proposing a completely different approach from Moraes in criminal action.
Hardly, it will propose to acquit or apply a much smaller penalty. If the evidence against her are similar to those of the convicts so far, the minister may even accompany the votes of Moraes and Flávio Dino in the case.
For him, however, it would be important to verify the existing evidence against Deborah and whether there are specificities in her situation and then define a proper sentence of conviction.
