The minister significantly changed his votes in recent months in actions on scammer acts, as the processes have generated greater political repercussion and with the approach of the judgment of the former president (PL).
Fux decided on Wednesday (10) to speak out for the acquittal of the central core of the coup plot, after about 12 hours of reading his vote.
In several criminal actions of January 8, Fux fully accompanied the rapporteur, with hard votes and heavy penalties, on all accusations presented by the (Attorney General’s Office).
People who participated more actively in the attacks on the buildings of the powers were accused of the same crimes imputed to Bolsonaro: violent abolition of the Democratic Rule of Law, coup, qualified damage, deterioration of listed heritage and armed criminal association.
A relatively recent example in which the minister accompanied Moraes is the case of Maria de Fátima Mendonça Jacinto Souza.
Fatima was sentenced to a 17th birthday in August last year. She had been pre -tried in the 3rd phase of Operation Lesa Fatherland in January 2023.
She was arrested for appearing in images inside the Planalto Palace. In one of the videos, she quotes Moraes and states, “Let’s go to war, it’s war now. Let’s get Xandão now.”
At the time of the trial, Fux voted for the same penalty proposed by Moraes, and was accompanied by Flávio Dino, Carmen Lúcia, Dias Toffoli and Gilmar Mendes.
In March this year, according to the first class of the Supreme, he voted to receive the complaint against Bolsonaro, Fux already gave the first signs of retraction in his convictions.
At the time, he began to question the arrest of the hairdresser, which became known for the court located in front of the headquarters of, on January 8.
At the time, Fux criticized in session the conduct of cases of January 8 and said he sees “exacerbated penalties.” The speech occurred in the wake of great mobilization of pockets, including in Congress, around the case of Deborah.
In a demonstration on Paulista Avenue, in March, the case of the hairdresser was intensely explored, and Bolsonaro supporters took lipsticks to protest. Bolsonaro used to cite her case often to criticize what he considers abuse of the Supreme Court.
Deborah’s trial occurred in this year, in the Virtual Plenary of the First Class of the Supreme, after Fux asked for a view (longer analysis).
She was sentenced a sentence of 14 years in prison in closed regime, with votes from Moraes, Flávio Dino and Cármen Lúcia.
Fux, however, voted to condemn Deborah for the crime of deteriorating “well especially protected by law,” and acquitted it from other crimes.
“Considering that the definitive penalty set in my vote is lower than the time when the defendant was pre -tried, I fail to analyze the initial regime of serving the penalty, its replacement with restrictive penalties of rights and the eventual application of the conditional suspension of the penalty”, voted Fux at the time.
Fux also changed position on two occasions during the trial of the coup plot on Wednesday. At first, he decided to condemn Mauro Cid for considering that a meeting he attended with special forces formation on November 28, 2022, constituted an executory act for the abolition of the Democratic Rule of Law.
Then, by citing the same meeting while dealing with Bolsonaro, the minister said the meeting could not configure an organization for a coup against democracy.
“The allegation caused me perplexity, considering that the meeting was held in a party salon of an Wing North condominium in Brasilia, where the pilotis is open to the public and there is no privacy necessary to discuss such sensitive issues,” he said.
