The minister, of the (Supreme Federal Court), voted on Wednesday (10) for the acquittal of the former president () and five other defendants accused of joining the coup plot of 2022 and 2023. The reasoning contrasts with positions that he had already adopted in the case and in cases of January 8.
Fux was the third minister to speak up. In a vote of almost 12 hours, he diverged from and, who had voted for the conviction of the defendants in all crimes. The trial continues on Thursday (11), with the votes of E, and should extend until Friday (12).
He represented a shift in relation to the minister’s past understandings and surprised even the defenses, which identified in the vote arguments to question the process in the future. See below some of the twists.
Forum
In 2023, when the Supreme Court began to judge cases related to January 8, the ministers understood, including Fux, that it was up to the Court to process the cases. The only ones to diverge were the ministers and.
Now, Fux has opened divergence in relation to matter no. For him, the action should not be tried in the Supreme, but in the first instance, because the defendants have no forum by prerogative of function. This position had already been expressed on receipt of the complaint of (Attorney General’s Office).
the vote also contrasts with the opinion recorded by the minister in the judgment of the judgment, when it was also decided by the competence of the Court to judge cases of defendants without special forum. Only and manifested themselves against at the time.
Crimes
The position on the crimes attributed to the defendants also differs from the adopted in cases of January 8. The minister voted for the acquittal of all the defendants in the trial of Bolsonaro and the others of the crime of armed criminal organization, which, according to him, demands organizational structure, division of roles and purpose returns to indefinite practice of crimes.
The position is distinct from that adopted in relation to the direct participants of the January 8th. , in analyzing the case of the first convicted of the attacks, in September 2023, Fux did not even mention the subject. In the judgment of about 400 pages, less than 4 are composed by the magistrate’s vote. More recently, in another lawsuit of scammer acts, the minister also voted for conviction for criminal organization.
Parliamentary immunity
In May, the first class of the STF unanimously, that is, with the vote of Fux, suspended the criminal action against the Federal Deputy (PL-RJ) only as to the crimes of deterioration of equity and damage qualified by violence and serious threat.
A to stop all the criminal action against the deputy. Last Wednesday, the minister took place from the previous understanding of the court and voted to suspend all the lawsuit against the parliamentarian.
