The minister said on Wednesday (10) in the trial of the coup plot, that “disordered turmoil” do not characterize coup d’état, in reference to the scammer acts of 8 January 2023 against the headquarters of the three powers.
“With the proper venue, it did not satisfy the core of criminal types of disordered sparse or sparse initiatives, the opposite understanding could lead the characterization of this crime with great frequency,” said the member of the first class of (Supreme Court).
The minister began to cite demonstrations in which there were clashes with police, including those of June 2013 or the 2014 World Cup, calling violent acts of acts of Black Blocs. According to him, these movements do not have the ability to promote an institutional rupture.
According to him, coup d’état requires deposition of the government, which would not have been seen in the res judicata, without a minimum degree of organization and without the ability to endanger the capacity of the elected government.
In a vote of more than 5 hours so far, already longer than that of the rapporteur, he stressed that, at the time of the great demonstrations, the court did not evaluate punish those responsible for the crime of coup – nowadays, with more than 600 convicted of attacks on the headquarters of the powers, with the vote of Fux himself.
“None of these cases, arising from these violent political manifestations, was considering imputing to their officials the crimes provided for in the National Security Law, which repeated the willingness to try to change, for violence or serious threat, the Democratic Rule of Law,” he said.
“Typical ways of establishing authoritarian regimes, such as effectively practiced military blows, insurgency, popular uprisings in foreign positions, changes conducted by autocratic elites or self -blows. All of this always presupposes collective coordination and concrete means of execution.”
Fux said during his vote on Wednesday (10) that the (Attorney General’s Office) that the coup plot is an armed criminal organization.
According to him, the prosecution describes a contest of people to commit a supposed crime, that is, that they acted, but without being able to fit the penal type. The understanding of what he adopted in the votes against those convicted by January 8.
With this, he in relation to his position in the judgments of the defendants of the January 8th.
Fux also indicated that he must acquit the defendants for the crime of damage to public and listed assets. He said the defendant’s bond with the January 8 attacks “was not shown.” “The joint responsibility of all competitors of the group cannot be recognized to the damage that occurred on January 8, 2023,” he said.
Thus, the prosecution was dismissed against all eight defendants of the coup plot of the criminal organization crime. The analysis of the other four crimes remains: coup, abolition of the Democratic Rule of Law, damage qualified to public assets and deterioration of the overturned assets.
He from the coup plot with a speech that it is not for the Court to make political judgment and the minister in the rapporteur of the case.
In his introduction to the vote, Fux made quotes to defend the broad defense, the constitutional guarantees and the distance that the Constitutional Court must have political issues. He also said that the court cannot be moved by popular cry and defended the independence of the criminal judge.
“It is exactly imbued with these philosophical considerations that guide me in the more than four decades of judicature that I will analyze the evidence, starting with the preliminaries, as a first instance judge,” he said.
In the first few minutes of his speech, the minister indicated a stricter position with the accusation. He said the judge must be sure to condemn the and “humilities to acquit when there is doubt.”
“The facts to be considered crimes should fit into the letter of criminal law as a glove fits the hand,” added Fux.
