The minister, who began his vote on Wednesday (10) saying that he must have “firmness to condemn when he is sure and humility to acquit when there is doubt,” explored gaps in the prosecution and disregarded evidence, concluding that there was no evidence of connecting to any of the episodes of the coup plot that occurred at the end of his government in 2022.
Using several times the expression that, in his view, everything did not go beyond the “field of mere code”, Fux put himself as a clear counterpoint to the work of the Federal Police, the PGR (Attorney General of the Republic) and the rapporteur of the case, minister.
While the trio overvalued signs of crime even where the investigation did not have direct proof, Fux minimized them all, including the most robust.
In analyzing the preliminary questions, he had already counteracted the conduct of Moraes, including the whole process under the argument, among others, that there was relevant curtailment to the right of defense.
Fux began to deal specifically with Bolsonaro’s case, the highlight of his vote in the early evening, nine hours after starting reading with his position.
The minister explored investigation gaps, such as Bolsonaro’s lack of direct connection with, for example, the plan to assassinate authorities and scammer attacks from January 8, 2023.
Although these acts were planned and practiced by pockets and under the speech widely stimulated by the former president, the two votes for the conviction-of Moraes and Flávio Dino-use the set of indirect evidence to establish the guilt.
Fux said that condemning Bolsonaro on January 8 would be the same as condemning critics of the former president for his stab wound he suffered in the 2018 campaign.
About the murder plan, the “”, Fux prioritizes the absence of proof that Bolsonaro knew and has given the consent to the plan. But ignores the fact that the reserve general Mario Fernandes, then number 2 of the General Secretariat of the Presidency, who produced him, printed copies 40 minutes before heading to the Alvorada Palace, where the former president was.
On December 9, a day after he was in dawn, the general sent a message to Mauro Cid reporting that Bolsonaro had accepted “our advice.”
On the same day 9, Bolsonaro in which he was from the result of the elections and, to supporters at dawn, said that it is the people “who decides where the armed forces go.”
Regarding the most robust evidence against Bolsonaro, discussions about the scammer drafts, Fux said he considered that everything did not leave the field of conjectures and, at this point, highlighted phrases by whistleblower Mauro Cid in that direction and minimized others in the opposite direction.
“The PGR said the scam’s finishing document was prepared by the group and closely accompanied by Jair Messias Bolsonaro, but the accusation was not able to indicate exactly which document was presented or discussed at the meeting, and its content did not come to the file,” he said.
The minister said that an undemocratic measure may have even been considered by the former president, but does not constitute an executory act for a coup d’état.
“These contradictions and failures [da acusação] which, in my way of seeing, are intrinsically in the accusation, will be becoming increasingly […] unsustainable as the narrative advances. And so far, as noted, there is no evidence that supports a condemnatory edict. The condemnatory edict must bring peace of mind to the judge in condemning, “he added.
Trained with, the draft had one of his versions of Bolsonaro Anderson Torres.
In short, he established measures to nullify the outcome of Lula’s election and keep Bolsonaro in power.
In search of support for the endeavor, the then president presented a version of this document to the heads of the Armed Forces on December 7, 2022, according to several testimonies, and possibly to General Estevam Theophilo, commander of land operations of the Army two days later on December 9.
The coup document was still an object of a new meeting with the commanders of Navy, Army and Aeronautics, this time conducted by the Defense Minister, the reserve general Paulo Sérgio, on December 14.
General Freire Gomes (Army) and Brigadier Carlos de Almeida Baptista Junior (Aeronautics) would not have nullified with the coup, unlike Admiral Almir Garnier Santos (Marinha), who today is part of the group of defendants being tried.
The evidence presented are not limited to the versions of the seized documents, but also anchor in the testimonies of Freire Gomes, Baptista Junior and Mauro Cid, as well as seized messages that deal with this discussion and also indicate that the commanders of the Army and the Air Force became targets of networking attacks for not agreeing with the coup plan.
Given the evidence, Bolsonaro himself acknowledged that he studied measures “within the four lines of the Constitution” -he did not explain why he was considering without relevant abnormality that justified them.
