Despite the position, the minister manifested himself for the validity of Lieutenant Colonel Mauro Cid’s award-winning denunciation, who accuses the former president of involvement in the alleged ‘coup plot’ and describes the conduct of the other defendants
The Federal Supreme Court Minister () voted for the annulment of the process investigating the so -called “coup plot” in a decision that diverges from the rapporteur’s position three times. Fux pointed out the incompetence of the Court to judge the case, argued that the action should be analyzed by the plenary and agreed with the defendant’s defense curtailment allegations.
Divergences and criticism
Fux’s vote aligns with a series of criticism of the conduct of the process by Alexandre de Moraes. The first differences were expressed when the minister agreed with the main questions raised by the defendants’ defenses, indicating the nullity of the decisions made by Moraes.
According to Fux’s understanding, neither former President Jair Bolsonaro (PL) nor the other seven defendants in the case have a forum for function prerogative. Therefore, the case should be tried in the first instance.
“The facts occurred between 2020 and 2023. At that time the jurisprudence was peaceful, consolidated, intelligible that once the position ceased the prerogative of forum would cease to exist. In this case, the defendants lost their positions long before,” said the minister.
Despite voting for the nullity of the process, Fux manifested himself for the validity of Lieutenant Colonel’s award-winning denunciation, which accuses Bolsonaro of involvement in the plot and describes the conduct of the other defendants.
Principles of natural judge and legal certainty
Fux’s position will still be evaluated by the other members of the First Class of the Supreme Court. To date, the ministers Alexandre de Moraes and defended the competence of the board to judge the case. The ministers and will still manifest. For Fux, the maintenance of the case in the STF offends the principles of natural judge and legal certainty. “We are facing absolute incompetence, which is impassive to be despised as intrinsic addiction to the process,” he said.
Defense curtailment
In addition to the issue of incompetence, Fux also made blunt statements about the curtailment of the right of defense, citing the volume of more than 70 terabytes of process evidence. Welcoming the arguments of the defenses, the minister claimed that there was no time for complete data analysis.
“Since 70 Terabytes could be equated to many million and even billions of pages, depending on the resolution or number of characters, I point out that as in criminal proceedings the protagonism of the instruction is incumbent upon the parties, it becomes imperative that before the granting of the oral proof the defense already knows the entire probative collection,” said the minister.
Alexandre de Moraes responded to the defenses that the delivery of the tests in full was their own request and that access to the material used by the accusation had been granted since the beginning of the process. However, Fux disagreed, arguing that it is not up to the judicial authority to define what is relevant to the construction of the defenses.
“Evidently with cell phone and computer seized in the investigation of the investigation, so many photographs of jumped pages, documents may not even be the interest of the accusation, but they are of interest to the defense. The jurisprudence of the Supreme Court does not compete for the authority to perform a selective filter of the material collected unilaterally,” he said. “There are more recent doctrines that exactly attack this point, which may be indifferent to the accusation, may not be for the defense,” he added.
Since the session in which Bolsonaro became a defendant, Fux had already expressed discomfort with Mauro Cid’s denunciation and other legal issues of the process. Since then, he has accompanied all procedural acts.
*Report produced with the aid of AI
Posted by Fernando Dias
