The minister of the (Supreme Federal Court) has taken off his colleague throughout and indicated that he can act as in the final stages of the process.
In sessions, Fux emphasized discussions defended by the defendants, including the former president (PL). Among these themes are the size of the penalties, the questions about the lieutenant colonel’s denunciation and the debate that scammer plans would be cogitations that were not taken later.
Indications that Fux may be a counterpoint to Moraes has not created expectations between defendants’ defenses that the eventual conviction of the former president would not be unanimous-which can delay compliance with the penalties, with new appeals to be presented.
The reading was reinforced by the precautionary measures against Bolsonaro, which began to wear electronic anklet. Fux was the only minister of the board to position himself against restrictions.
“The breadth of imposed measures disproportionately restricts fundamental rights, such as freedom to come and go and freedom of expression and communication, without contemporary, concrete and individualized demonstration of the requirements that would legally authorize the imposition of these precautions,” he said.
Fux’s detachment from other ministers of the First Class is interpreted in court as one of the reasons for being spared, as is and, da. Unlike the other two magistrates, who were nominated to the Court by Bolsonaro when president, Fux was.
Fux’s direct involvement in the coup plot process was considered uncommon by advisors to ministers, lawyers of the case and outside of them heard by Sheet. The minister, and conduct was seen as an attempt to act independently. In addition to Moraes and Fux, they make up the first class, and.
In questions to witnesses and defendants in the process, for example, Fux highlighted questions that differentiate the preparation of the execution of a crime. Only from the beginning of the attempt of execution the law provides for punishment.
The thesis that there was no act that configures the execution of an attempted coup d’état was raised by defendants’ defendants by the coup plot, such as Bolsonaro. This is one of the possible ways to seek the acquittal of the accused.
Fux expressed reserves about the criminal types for which those involved respond as the collegiate.
“I am absolutely sure that if it were in past times, the attempt would never be characterized as a consummate crime,” Fux said. “As the attempt is placed as a consummate crime there is a scratch in the Federal Constitution,” he said. In that session, the minister said this should be evaluated.
A crime has, for the Penal Code, some phases. In the first, there is the cogitation of an act and then some preparatory act. The attempt is configured when the execution of the act is started, but it is not completed by external circumstances. Finally, there is the consummation.
Moraes, receiving the complaint of the third nucleus, said that in the case of an attempt to coup, the attempt is already the consummation itself.
According to advisors, people close to the cabinets and lawyers of the case, the questions asked by Fux during the interrogations caught the eye. THE Sheet He sought his own minister, who did not comment.
. There were 39 questions, in total – most, 16, directed to, the whistleblower of the case. He questioned, for example, the statement of the lieutenant colonel that the investigated military lines were “bravado”.
About the coup draft, Fux also asked Cid if the document was sometime signed by Bolsonaro.
In receiving the complaint against the central nucleus, the minister raised doubts about the legality of the Cid-O (Attorney General of the Republic) denunciation. “I see with a lot of reserve nine allegations of the same collaborator, every hour adding a novelty,” he said.
About the accusation that General Braga Netto would have made money in a wine bag to finance scammer plans, Fux asked if Cid saw the interior of the bag.
Some of the defendants’ lawyers evaluated that Fux would be delimiting which acts were actually attempted.
Admiral Almir Garnier, for example, he asked if there was order for protesters to leave the Army Headquarters towards the Three Powers Square on January 8, 2023.
Fux also asked Bolsonaro if he consulted someone, the Defense Council or the Council of the Republic, before deciding not to sign the coup draft. Part of the former president’s defense strategy is to emphasize that if Bolsonaro wanted to take a plan, he would have to trigger the organs.
The minister accompanied each session held, made notes, checked papers, said he had heard audios and analyzed the material shared by Moraes.
Criminal lawyer Flávia Rahal says it is symbolic Fux’s attendance by taking into account that the minister opened space on the agenda to follow the instruction of the case.
“He was already a tendency to mark a position that distinguishes himself a little from the rapporteur minister. There is a symbolism of creating his own way, giving his own look at the facts,” he says.
The evaluation is made, according to her, also considering the posture. “It caught the attention he went to the interrogations as a rapporteur. He knew the process, had pre-elaborated questions, which reinforces this autonomous path he had already signaled,” says Rahal.
The lawyer and professor of criminal law David Tangerino states that the attendance of Fux and the content of his demonstrations are a harbinger, in addition to reserves to the denunciation and precautions on the definition of crimes.
“Participating in everything suggests that it will be a form of counterpoint to Moraes, pointing out some divergence,” he said, adding, however, that it is difficult to nail exactly the point.
