In other demonstrations, during a long session, which began around 9am this Wednesday, Fux voted for the conviction of Mauro Cid, former Assistant of Orders of Bolsonaro and whistleblower of the alleged coup plot, only for the crime of abolition of the Democratic Rule of Law, freeing him from four other crimes. The same procedure was adopted with Walter Braga Netto, (General and former candidate for Bolsonaro). With this, there is already majority for the condemnation of the two for one of the crimes.
After more than 12h, Fux votes for Bolsonaro’s acquittal and 5 defendants/Photo: Reproduction
In the case of Admiral Almir Garnier, former Navy Commander, the minister voted for acquittal for the five crimes imputed by the Attorney General’s Office (PGR), as he did with Bolsonaro. Fux also voted for the acquittal of General Paulo Sérgio Nogueira (former Minister of Defense), General Augusto Heleno (former Minister of the Institutional Security Office-GSI) and Anderson Torres (former Minister of Justice) of all crimes. Fux analyzed the imputations to the defendant Alexandre Ramagem (Federal Deputy and former director of Abin) and also considered them unfounded.
The crimes indicated by PGR are armed criminal organization; attempted violent abolition of the Democratic Rule of Law; coup of state; Damage qualified by violence and serious threat against union patrimony (except Alexandre Ramagem); and deterioration of listed assets (except branch).
Jair Bolsonaro
Luiz Fux began to analyze the case of former President Jair Bolsonaro around 6:10 pm. By starting the vote, Fux said crimes need to be proved. Throughout the demonstration about Bolsonaro, the minister said, more than once, that he could not identify, in the complaint or in the evidence, indicative of the former president of the crimes. In the end, he voted for Bolsonaro’s total acquittal.
Mauro Cid
Earlier, by voting for Mauro Cid, Fux freed the former Bolsonaro orders and whistleblower of the alleged coup plot of the crime of criminal organization. But he voted to condemn Cid for attempted abolition of the Democratic Rule of Law (the minister considered that another crime, that of coup d’état, was absorbed by the abolition). With this, the STF already has a majority to condemn the whistleblower for at least one crime of the total of five.
In his vote, Fux still freed Cid from the conviction for damage to violence and serious threat against Union’s heritage: “Mauro Cid cannot be held responsible,” he said. He also considered rejected the conviction for violent deterioration of heritage.
Almir Garnier
Regarding the former Navy Commander, Almir Garnier, Luiz Fux also rejected the crime of criminal organization to the admiral. The minister also rejected the crimes of qualified damage and damage to heritage in the case of the military. Also dismissed the other crimes. With this, Garnier was also acquitted, according to Fux’s vote.
Braga net
In the case of Braga Netto, Luiz Fux made a vote similar to that of Mauro Cid. Voted for the conviction of the general for the abolition of the Democratic Rule of Law and for the acquittal in the other crimes reported by PGR.
Paulo Sérgio Nogueira
At about 9 pm, Luiz Fux led to the case of General Paulo Sérgio Nogueira (former Minister of Defense). He also called for the military’s acquittal of all the crimes imputed to him.
Augusto Heleno
At around 9:40 pm, Minister Fux began analyzing the case of General Augusto Heleno (former Minister of the Institutional Security Office-GSI). He voted for acquittal in all crimes.
Anderson Torres
At about 10 pm, Luiz Fux began to analyze the imputations to Anderson Torres (former Minister of Justice). He also voted for the acquittal of all crimes.
Alexandre Ramagem
The last to have the case analyzed was the current federal deputy Alexandre Ramagem (former chief of the Brazilian Intelligence Agency-Abin). Fux voted for his acquittal in crimes of armed criminal organization, attempted violent abolition of the democratic rule of law and coup d’état. He is not a defendant for the other crimes because they occurred after his diplomation.
Session
With the rapporteur and Dino’s votes, the score in the first class of the Supreme Federal Court (STF) was 2-0 for the conviction of the defendants. In the case of Cid, there is a Fux vote for the conviction for a crime.
Fux overturned the crime of armed criminal organization for all defendants, claiming that in this case, firearms should have been used – a fact not reported by the prosecutor. In addition, according to the minister, the complaint did not narrate in any excerpt that the defendants intended to commit repeated crimes, in a stable and permanent way.
“The imputation of the crime of criminal organization requires more than the gathering of several agents for the commission of crimes, the plurality of agents. The existence of a criminal plan does not typify the crime of criminal organization,” said Fux.
With this, the minister said that he should not vote for the conviction of Bolsonaro and allies for the crime of criminal organization. The magistrate, however, said he understood that those reported by the PGR committed at least the crime of contesting people. Early on, in resuming, at 9:10 am on Wednesday (10/9), the trial of former President Jair Bolsonaro (PL) and seven allies, Fux defended, in the preliminary, the “absolute incompetence” of the Supreme Court (STF) to analyze the accused of planning an attempted case of an attempt. of coup and prevent the inauguration of Luiz Inacio Lula da Silva (PT) in 2022.
“Synthetically, what I am going to refer to is that we are not judging people with forum prerogative. We are judging people who have no prerogative of forum. The foundation pointed out in preliminaries is the absence of forum prerogative,” Fux said when analyzing the preliminary of the STF’s competence to judge the case.
In addition, Fux argued that the trial of the case should be processed in the first instance and, if it were in the Supreme Court, that occurred in the plenary. “In judging in one of the classes, we would be silenced the voice of ministers. The Constitution says that we are 11 ministers. It would be necessary to judge the plenary with the functional rationality we have,” said the minister, defending the nullity of all acts performed by the Supreme Court.
In addition, Fux pointed to the curtailment of the defense in the process, welcoming a third preliminary. The minister defended, however, the maintenance of Bolsonaro’s ex-assistant report Mauro Cid.
Coup d’etat
According to Fux, there is no coup d’état without government deposition. “It is not a crime provided for in violent abolition the critical manifestation to constitutional powers. [Voto] Putting any claim to punish as attacks on the Bravas Democratic State, as stated here in interrogation. Bravates by political agents against members of other powers, albeit extremely reprehensible. ”
Fux also criticized the prosecution of the Attorney General’s Office.
“[A PGR] Imputes the defendant [Bolsonaro] Negligence, based on its position of authority, not only having failed to prevent the expansion of violence, but contributed to the crisis of unconstitutionality. With due respect, perhaps because of my limitation, I did not understand this narrative. The accused does not occupy the position of Head of State on 8/1, date of acts in the Praça dos Three Powers, so that his position of Guarantee could not be due to the position, ”he said.
After preliminaries, Fux voted the merits of the process. This Tuesday (9/9), the ministers Moraes and Flávio Dino voted for the conviction of Bolsonaro and allies.
“It is not responsible for the Supreme Court to perform political judgment. The role of the judge with the political agent cannot be confused,” Fux said before uttering the vote. “(Is) ethical commitment of the judge, reaffirming that the Constitution is valid for all,” he added.
In the case of Fux, the magistrate is seen by the pocket nucleus as a possible hope of divergence in relation to Moraes, especially with regard to penalties.
Although it has expressed disagreements at other times about the use of the award-winning report of former assistant Mauro Cid as a central evidence and the competence of the first class to conduct the case, the case Metropolis It found that the chance that the minister submit a request for a view in this criminal action is considered remote.
After Fux, the ministers vote for Cármen Lúcia and the president of the first class, Cristiano Zanin. They will have the 11th and 12th, from 9am to 7pm, to present their positions. In the end, the dosimetry of the feathers will be made when the exact punishment for each defendant is defined.
The crimes
All eight accused respond to acting against the democratic order. Seven of them are investigated for five crimes:
- Armed criminal organization;
- Attempted violent abolition of the Democratic Rule of Law;
- Coup d’etat;
- Damage qualified by violence and serious threat against union patrimony (except branch);
Deputy Alexandre Ramagem (PL), former director of ABIN, responds to three accusations, but had two of them suspended by the House of Representatives for being related to facts after the diploma.
Who are the defendants of the crucial core
- Jair Bolsonaro: Appointed by the Attorney General’s Office (PGR) as leader of the group, he would have commanded the plan to stay in power after being defeated in the elections.
- Alexandre Ramagem: Accused of disseminating false information about electoral fraud.
- Almir Garnier Santos: Former Navy Commander, he would have made troops available to the plot in a meeting with military.
- Anderson Torres: Former Justice Minister, he kept at home a draft decree to nullify the elections.
- Augusto Heleno: Former GSI minister, he participated in live broadcast questioning electronic ballot boxes.
- Mauro Cid: Bolsonaro’s former case whistleblower, attended meetings and messages about the coup.
- Paulo Sérgio Nogueira: Former Defense Minister, he reportedly filed the military commanders an intervention decree written by Bolsonaro.
- Walter Braga Netto: Single arrested, accused of funding coup camps and planning attack against Alexandre de Moraes.
Indictment
The Attorney General, Paulo Gonet, defends the condemnation of all eight defendants. Defenses say customers are innocent.
The PGR stated: “Until this time, the consummation of democratic rupture has been proven.”
“It is seen that, at various times, there was the public conclification of the then President of the Republic so that the electronic ballot boxes provided for in the legislation were used, under the threat that the elections would not happen, as well as acts of active resistance against their results,” he added.
