The indicative given by the minister that he must change his vision on the scale the scenario of judgments in the plenary of the (Federal Supreme Court).
Of the 11 ministers that make up the Full Court, five have already consolidated a position contrary to the maximum penalties suggested by the minister – the relegator of more than 1,600 criminal actions linked to the attack on the headquarters of the powers.
If and vote for condemnation with milder penalties, the Supreme may form a majority to decree intermediate judgments in future judgments.
A Sheet He heard five STF ministers in the last two days on the impact that a possible change of fux can have on the progress of the January 8 proceedings. Under reserve, most say they believe that the effect will be small or null in the first class, but uncertain in the plenary.
A minister said the. He is considered one of the members of the Supreme punitivist sector. The bet is that the minister does not make a sudden maneuver in the review of the case of the hairdresser – the woman who in the statue of justice during January 8.
Another STF member evaluates that a new vote of Fux can on the principle of consumption-it establishes that a person cannot be convicted of a crime-middle crime if the ultimate goal was an end crime.
The defendants’ defenses argue that this principle should prevent condemnation for the attempt to abolish the Democratic Rule of Law if the final goal of the mob was the coup d’état.
This debate is considered surpassed in the Supreme as the convictions followed the molds suggested by Alexandre de Moraes. There is an assessment that the theme is rediscussed if Fux presents the new vote.
A Sheet He analyzed the trial of the 45 convicts, until March this year, to 17 years for participation in the attacks of 8/1.
Alexandre de Moraes has always been fully followed by ministers Gilmar Mendes, Dias Toffoli, Luiz Fux, Flávio Dino and Cármen Lúcia – from the 11 members of the Plenary.
Ministers Cristiano Zanin and Edson Fachin followed Moraes, with caveats, in most processes. They suggest an intermediate penalty of 15 years.
Luís Roberto Barroso, André Mendonça and Kassio Nunes Marques presented different votes in almost every process.
Barroso points to partial divergence with Moraes. He suggests removing the conviction for the attempt to abolish the Democratic Rule of Law, because he understands that the case constitutes the crime of coup. With this, the penalty would fall from 17 years to 11 years and six months.
André Mendonça presents three different votes, depending on the tests. The standard penalty is seven years for the crimes of state abolition and criminal association to those who have proven to depredate the buildings.
In other cases, Mendonça asks for four years and two months or five years in prison, according to the analysis of the case.
Nunes Marques is the only one who denies, in the votes, that the accused by January 8 committed crimes against the state. He suggests penalties of four months of detention or two years and six months, for incitement to the crime or deterioration of public assets, according to the evidence presented by PGR.
Of the 45 convictions to 17 years in prison, only five were defined in the first class of the STF. In such cases, unanimity is for condemnation for five crimes – Zanin is the only one to present caveats and suggest slightly lower penalty.
The five ministers heard by Sheet They claim that, as much as the scenario is of uncertainty about the plenary, the first class has consensus and a possible change of Luiz Fux would have little impact to the collegiate’s judgments.
At the end of 2023, the Court passed on to the trial of criminal actions, to prevent the accumulation of cases of January 8 from interdicting the court plenary. The complaints received by the Supreme Court before this date are in the plenary. The charges made by the PGR after December 2023 are analyzed by the first class.
Even condemnations in the Supreme Classes can be taken to the plenary. For this, some defenses are entering criminal reviews of final judgment (when the case is closed).
Three sentenced to penalties of over 14 years filed a lawsuit in the Supreme for the revision of convictions. Minister Edson Fachin is responsible for two of these processes, and Flávio Dino was drawn rapporteur of one of them.
Minister Luiz Fux announced on Wednesday (26) that he intends to revise the lawsuit against Débora dos Santos to present a new dosimetry of the penalty to the hairdresser. “Under the toga beats a man’s heart, so we need to have this ability to reflect,” he said.
“Minister Alexandre, in his work, explained the conduct of each of the people. And I confess that on certain occasions I come across an exacerbated penalty. And that was why, giving satisfaction to you, that I asked view of this case. I want to analyze the context in which this lady was,” he added.
Fux said he wanted to exercise “judicial humility” and that judges “always have to reflect on mistakes and hits because errors authenticate our humanity.”
