By arguing that the Supreme Court (STF) has no jurisdiction to make “political judgments”, Minister Luiz Fux said on Wednesday (10) that “society triumphs” when this criminal case “is fair”.
“Society triumphs not only when culprits are condemned, but also when criminal trials are fair. Therefore, Mr. President, due to the late availability of a data tsunami, Datadump without sufficient identification and minimally reasonable in advance for procedural acts, I confess that I had difficulty to prepare a huge vote,” he said.
Luiz Fux voted for the nullity of the whole process because he understood that, but stated that, the case being in the Supreme, the trial should occur in the plenary of the Court, which has 11 members, not in the first class.
Still during the vote, the minister argued that judges should follow the cases with “impartiality” and “distancing”.
Divergences with other ministers began on Tuesday, when the first to vote, Alexandre de Moraes, rapporteur of the case, ordered Jair Bolsonaro (PL) and the other seven defendants for the 2022 coup plot.
After Fux, Minister Cármen Lúcia and Minister Cristiano Zanin, president of the board, declare his votes.
Vote
Rapporteur of the case, Alexandre Moraes voted for.
For Moraes, Bolsonaro was the leader of what would be the group that plotted the coup. With the former president, the rapporteur voted for the conviction of:
- Alexandre Ramagem, Federal Deputy and former Director-General of ABIN (Brazilian Intelligence Agency);
- Almir Garnier, squador admiral who commanded the navy in the Bolsonaro government;
- Anderson Torres, former Minister of Justice of Bolsonaro;
- Augusto Heleno, former GSI minister (Institutional Security Office) of Bolsonaro;
- Mauro Cid, former Bolsonaro orders of orders;
- Paulo Sérgio Nogueira, General and former Minister of Defense of Bolsonaro; and
- Walter Souza Braga Netto, former Minister of Defense and the Civil House in the Government of Bolsonaro, candidate for vice president in 2022.
Moraes’s vote lasted about five hours and had almost 70 slides to present the report. The minister also divided his demonstration into 13 points that narrated, in chronological order,
Flávio Dino accompanied the Moraes report ,. An eventual conviction is confirmed with the majority of three votes. In addition to Fux, Cármen Lúcia and Cristiano Zanin (President of the Class) also vote, in this order.
What crimes were the defendants reported?
Bolsonaro and other defendants respond in the Supreme Court to five crimes. They are:
- Armed criminal organization;
- Attempted violent abolition of the Democratic Rule of Law;
- Coup d’etat;
- Damage qualified by violence and severe threat (except branch);
- Deterioration of listed heritage (also except branch).
The exception is branch. In early May, the House of Representatives approved . With this, he responds only to crimes of armed criminal organization, attempted violent abolition of the democratic rule of law and coup.
