The change in posture of the Minister, (Supreme Federal Court), in relation to the convictions of defendants of January 8 caused discomfort among members of the Court.
Until last week, the minister was considered aligned with the current led by the rapporteur of cases, which reinforced an image of unity around the court’s decisions in the face of criticism of pockets to conduct proceedings.
Fux accompanied Moraes in almost all 500 convictions related to the attacks. Last week, the minister reviewed the adhesion and publicly presented questions about a case made symbolic by Bolsonarism – which, who spotted the statue in front of the Supreme.
Two ministers heard under reserve by Sheet They state that in processes of great repercussion, Fux often takes into account external assessments of the Supreme – popular manifestations, the media, political communities and legal circles. This would be the case now, in the evaluation of these court members.
The discomfort was even greater due to the words used by Fux. He said he would exercise “judicial humility” to review “errors” committed throughout the lawsuits against those accused of participating in scammer attacks.
Although the announcement of the review of the case has taken Supreme colleagues by surprise, this is not the first time the minister has changed position in rumor cases.
In 2020, for example, it was credited to surrender to the pressure of public opinion.
At the time, Gilmar Mendes, and voted into the same legislature, barring a new presidency of (then DEM-AP) and (DEM-RJ) in the Senate and the House, respectively.
At the time, according to three ministers heard by Sheetwhich would pave the way for the renewal of parliamentarians.
In the cases of January 8, much of the criticism made to the court focuses on the rigor of the imposed penalties. The theme gained the attention of Fux, who asked for more time to analyze the theme precisely during a session of great popular appeal – that made defendants and seven others accused.
So far, Fux has accompanied Moraes in the biggest convictions given to those arrested for the attacks of January 8. There were 45 sentenced to 17 years. In all these cases, the minister accompanied the vote of Moraes in full, even when other colleagues made proposals of milder penalties.
Fux is known by his colleagues as a minister of. A brand he intended to leave when he was president of the Supreme (2020-2022) was even that of politicians involved in the operation.
It was for this purpose that he articulated the approval of a regimental amendment that – when especially the second class – and sent the cases to the plenary.
In December 2023, he was overcome when the Court returned the matter to the classes. It was even at this point that he from the PGR (Attorney General of the Republic) against Bolsonaro and the other seven defendants.
“Worse than the judge who does not know right is the incoherent judge. I ask the way to maintain my position, because it is not that peaceful,” he said.
Advisors near Fux said that, in relation to Deborah, he was sensitized and made the decision to suspend the trial as a way to lower the tension around the court, which had been criticized by the case.
The minister quoted the hairdresser at the session that made Bolsonaro defendant when he was the only one in the first class.
“Minister Alexander, in his work, explained the conduct of each person. And I confess that on certain occasions I come across an exacerbated penalty. And that was why, giving satisfaction to you, that I asked for a view of this case. I want to analyze the context in which this lady was,” he said on Wednesday (26).
Moraes responded to his colleague during the session and stated that “it was not a simple graffiti” and that the defendant was in camp and joined an attempt to blow. Two days later, he granted her.
Fux’s initiative to pay more attention to this set of processes is seen more as a demarcation of position than as a confrontation outbreak. The minister has both concern about the critical voices to the Court and the maintenance of ties in court.
As a sign of this, Fux warned Moraes previously about the request for a view of Deborah and the questions he would make during the sessions of receiving the complaint.
The two maintain a good relationship behind the scenes. In the plenary, they sit side by side and exchange frequent comments throughout the sessions, as well as at intervals.
Fux chaired the Supreme Court at a time when Bolsonaro’s attacks on the court recruited, as PGR itself points out in the complaint about the attempted coup. He has defended the Supreme Court and Moraes in these situations.
In his management, he sought to maintain institutional relations with the former president. It was with the Planalto Palace.
Shortly after taking command of the court, Fux received Bolsonaro. The meeting lasted about 45 minutes and took place without the presence of advisors or ministers.
