Minister argued that the court is incompetent to judge Bolsonaro and seven other defendants, but position does not change the case at this time
The minister of the Federal Supreme Court () voted on Wednesday (10) for annulment of the case against former President Jair Bolsonaro and seven other defendants in the trial on the coup plot. In his manifestation, Fux defended the total nullity of the case by “incompetence” of the Court, arguing that the defendants, except for the deputy, have no privileged forum.
The magistrate stated that the action should be processed in another instance or in the plenary of the Supreme Court, not in. He also pointed out that the amount of information in the process would have damaged the defense and defended the annulment of the action against branch. “As is well known, absolute incompetence for judgment imposes the nullity of all the decision -making acts,” he said.
Despite the vote, Fux’s position does not imply the immediate cancellation of the process, as other ministers differ. and, who voted on Tuesday (9), rejected the arguments and defended the conviction of the defendants. The process is under analysis in the first class of the STF, made up of five ministers. The decision will be made by a simple majority. So far, the score is in two votes for conviction and one for nullity.
During his explanation, Fux also complained about the complexity of the case, calling him “data tsunami.” He stated that, like the defense, faced difficulties in the face of the large volume of evidence gathered. The defendants, according to the Attorney General’s Office (), are part of the central core of the coup plot and can be responsible for up to five crimes, with penalties that can reach forty-three years in prison.
