The Minister of the Federal Supreme Court must consolidate his divergence points regarding the conduct of the 2022 coup plot process in the vote he will give in what he may condemn (PL) and seven defendants.
Nevertheless, they are low, although not discarded, the chances of interruption of the analysis by a request for his view, in the evaluation of interlocutors, advisors and lawyers heard by Sheet.
During the case in the case in the STF, Fux was a point out of the curve regarding around the conduction of Moraes. Therefore, they rose, which would stop the trial for up to 90 days and could take the case to the election year of 2026.
At the receipt session of the complaint against the central group of the coup plot, Fux made a point of making considerations, even if he accompanied the rapporteur. It was also the only one to vote against the restrictive measures imposed by Moraes on Bolsonaro ,.
Fux spoke in advance with Moraes in each movement, according to reports. He warned his colleague that he would ask for a view, for example, in the case of the lipstick statue in the attacks of January 8, 2023 and became a symbol for scholarship questions about Moraes’ performance and imposed penalties.
He made the same gesture before he diverged from the precautionary measures against the former president. For the minister, there would be no evidence of “any attempted escape undertaken or planned by the former president”, and the determination of Moraes of “confronts the stone clause of freedom of expression”.
The minister praised the work of Moraes at the head of the case at all times when he spoke in the plenary. At the same time, he assumed an unusual stance at the Court, when present during the process instruction, to follow the hearing of the witnesses, ask questions to the defendants in the interrogations and participate in the bundles.
More than once, Fux said he heard audios and. The minister’s dedication to the case is seen by ministers, advisors and lawyers as an attempt to position himself independently.
It was Fux who raised controversy over the denunciation of-in the analysis of the accusation made by (Attorney General’s Office). “I see with a lot of reserve nine allegations of the same collaborator, each hour adding a novelty,” said the minister in receiving the complaint.
Questions about Cid’s denunciation, former Bolsonaro orders ,. Fux, in turn, has emphasized theses defended by defendants, including that of the former president. Among these themes are, in addition to the validity of the denunciation, the size of the feathers and the debate that the scammer plans would be considered not taken later.
In plenary, Fux said he was against the idea of punishing the attempted coup as a consummate crime. For him, it is necessary to differentiate the preparatory acts from the execution of the crime.
“I am absolutely sure that if it were in past times, the attempt would never be characterized as a consummate crime. I have no doubt that,” he said.
For Fux, the Supreme should not even judge the case. The minister argues that the defendants have no special forum and, therefore, should be prosecuted in the lower instances. He also disagrees that the case is analyzed by the first class, not in the full plenary.
Fux has expressed concern about punishments that classifies as exacerbated. While the rest of the board sentenced the hairdresser to 14 years in prison, Fux suggested one year and six months.
At another point of divergence, Fux is expected to defend in his vote in the coup plot that the penalties for the crimes of attempted coup and violent abolition of the Democratic Rule of Law are not added. In his view, violent abolition only happens through a blow and therefore a crime is the means to the other.
If you confirm these positions, you can also submit proposal of milder than those expected. As follows the hardest understandings.
Fux was nominated by (PT) to the STF in 2011. In the campaign for the vacancy, columnist Monica Bergamo showed that Fux sought José Dirceu, head of the Civil House of the first Lula government and defendant in the monthly. In the conversation ,.
He told the column in 2012 to mean that, being an experienced judge, he would kill the difficult cases in his chest. In judging the defendants of both the monthly and the, was aligned with the punitivist wing of the court – it was one of the main defenders of the operation.
Fux had a relationship of approximations and distances with pockets. By becoming president of the court in 2020, he strove to maintain a good dialogue. That year, the former president even awards him with the order of Rio Branco on his highest level, the degree of Great Cross.
During a climb of attacks and threats from Bolsonaro and his supporters against the Court in 2021, the minister, in the STF presidency, made critical positions to the former president. In August of that year, he said that Bolsonaro among the heads of the three powers he had summoned.
At the time, Bolsonaro had called Moraes “arbitrary and dictatorial” and threatened to act outside the limits of the Constitution to react to the decisions of the supreme that hit him.
Alongside E (both nominated for the Supreme Court by Bolsonaro), Fux was free, according to people along with information, of the suspension of the US entry visa – of the background retaliation in the context of pressure against the process that reaches Bolsonaro.
