Supreme Court Minister Gilmar Mendes contested, on Tuesday (9), the statement of his colleague Luiz Fux, who said the court would have tried the defendants of the scammer acts of 8 January “under violent emotion”. For Gilmar, this reading does not match the STF’s posture in the face of the severity of the facts.
“I do not agree with this approach to judgment with violent emotion,” Gilmar said in an interview with GloboNews. According to him, the Court correctly applied the new defense legislation of the Democratic Rule of Law, considering the attempted coup as a direct attack on Brazilian democracy.
Gilmar’s speech comes after – known for pending the phrase “lost, Mané” in the statue of justice, in front of the STF headquarters. At the time, the rapporteur Alexandre de Moraes suggested a sentence of 14 years in prison. Fux, in turn, indicated that he should propose a milder penalty.
“I confess that, on certain occasions, I come across an exacerbated penalty. It was for this reason that I asked for a view of this case,” said Fux, during the session that also
Gilmar, Dean of the Supreme Court, implied that Fux may have been influenced by the political repercussion of the case. “It is possible that he was sensitized with the Bolsonarist movement around Deborah, but you need to know how to read the stars,” he said.
The minister also countered the thesis raised by Fux about the possible “absorption” between the crimes of attempted coup and violent abolition of the Democratic Rule of Law. “There was discussion in the plenary of this and we decided, without violent emotion, that there was a material accumulation. There would be no absorption,” he said.
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Despite the firmness in the speech, Gilmar pointed out that he does not adopt a punitivist stance in the Supreme and is among the ministers who most grant habeas corpus. “But it is necessary to realize that there was a political attempt to transform this case [Débora] In symbol, as if we were insensitive monsters in the face of a serious situation. ”
