STF resumes Bolsonaro’s trial with Fux vote

The (Federal Supreme Court) again judged on Wednesday (10.SET.2025) the former president (PL) and 7 others accused for attempted coup in 2022. The analysis in the 1st class will be resumed with the vote of Minister Luiz Fux. The rapporteur of the case, Alexandre de Moraes, from the group. He was.

Fux’s vote is one of the most awaited. This is because the expectation is that the minister Open Divergenceswhich is seen as a hope for defending the defendants.

The process should be completed by Friday (12.set), with the discussion about the dosimetry of the penalties. If Bolsonaro is sentenced, the minimum penalty is 12 years in prison, .

At the Tuesday session (9.Set), Fux did not read his vote, but indicated that he will open disagreements in the positions of Moraes. During the presentation of the preliminaries raised by the defenses, Fux interrupted the rapporteur and said he would return to the theme before voting.

“Since receiving the complaint, for the sake of coherence, I have always stressed and I was overcome in these positions. Luckily, I will return to this issue, although, as well as your excellence, voting directly,” stated.

History of Divergences

Ministers in the judgment of cases related to acts of January 8, 2023.

Here are some points where Fux diverged in the trial of the coup attempt:

• 2025: The minister announced that from the 39-year-old hairdresser Débora Rodrigues dos Santos, judged for lipting the statue “The Justice” on January 8, considering her “Exacerbated”. Proposed 1 year and 6 months. “Errors authenticate our humanity. Under the toga beats a man’s heart,” stated. The woman to 14 years in prison;
• 2025: Fux argued that accused of attempted coup are tried by the plenary of the Supreme Court (11 ministers), not by the 1st class (5 ministers). in the vote;
• 2025: In more significant divergence, the magistrate voted electronic alone for Bolsonaro. The score was 4 x 1. He argued a lack of “New and concrete tests” of attempted escape and to ban social networks “Confronts freedom of expression”.

Bolsonaro’s trial

The 1st class of STF judges Bolsonaro and 7 more defendants for attempted coup d’état. The Supreme has heard the oral support of all defendants’ defenses. Now the ministers vote. Minister Cristiano Zanin, president of the 1st class, suspended the session after Dino’s vote.

Integrate the 1st class of the STF:

• Alexandre de Moraesrapporteur of the action;
• Flávio Dino;
• Cristiano ZaninPresident of the 1st Class;
• Cármen Lúcia;
• Luiz Fux.

In addition to Bolsonaro, they are defendants:

• (PL-RJ)federal deputy and former director and ABIN (Brazilian Intelligence Agency);
• Almir Garnierformer commander of the Navy;
• Anderson Torresformer Minister of Justice;
• Augusto Helenoformer minister of institutional security;
• Mauro Cidex-assistant of presidency orders;
• Paulo Sérgio Nogueiraformer defense minister;
• , ex-minister of the Civil House.

The nucleus 1 of the coup attempt for the (Attorney General’s Office) to commit 5 crimes: armed criminal organization and attempts to abolish the democratic rule of law and coup d’état, as well as qualified damage and deterioration of listed heritage.

If there is a conviction, the ministers will define the penalty individually, considering the participation of each defendant. The determined penalties against Bolsonaro and the other accused will only be fulfilled after the final judgment, when there is no more.

As a former president, if convicted in res judicata, Bolsonaro should be arrested in a special room in Papuda, federal prison in Brasilia, or at the PF (Federal Police) Superintendence in the Federal Capital.