“Outburst”, “loser cry”, “rude accusations”, “inflamed statements” and “bravado”. These were some of the words used by the minister, (Supreme Federal Court), to refer to the attitudes of () and allies who led the former president to the defendants’ bank for attempted coup.
Of all crimes imputed to the former president. He understood that there was no evidence that the politician has performed acts of execution of the coup. With the divergence, Bolsonaro has 2 votes to 1 for the conviction. Voted in favor of penalizing the former president the ministers and.
For experts heard by Sheetthe perspective adopted by the minister minimizes the coup scenario, in a long vote that brought divergences on the (Attorney General’s Office).
The minister permeated on Wednesday (10) his vote with a speech about the need for the acts practiced by the defendants to fit the cold letter of the law as “hand that pants the glove”. He said the former president did not commit crimes against the state when discussing scammer drafts with the heads of the Armed Forces.
At the same time, he ruled out the politician’s relationship with OE said it is not possible to blame his lines for the violence of third parties.
Fux ranked Bolsonaro’s statements and stated that the outburst of defeated candidates in the elections cannot be understood as an attack on the Democratic Rule of Law.
“It must be rejected, yes, the expanding interpretation of this criminal -type novel to cover conduct that configures mere irresignation of the electoral outcome, without the capacity or intent to ruin the multifaceted institutions that guarantee the democratic government of the country,” he said.
“Obviously, the legislator did not intend to enjoy criminal law. The more to criminalize the ordinary functioning of political bodies or outburst of candidates defeated to public office, commonly called ‘loser’s cry’,” he said.
For Juliana Izar Segalla, professor of law at UENP (State University of Northern Paraná), the entire speech of Fux tried to minimize the attempted coup.
“Including the eSdrúxula statement that it could never be considered in Article 359-M [golpe de Estado]for the absence of legitimately constituted government deposition, “she says.
According to the expert, the minister’s position catches the eye, “because the criminal type of the article describes his own attempt as a crime. If the coup had been consummated, there would be no such trial,” he says.
Segalla points out to understand that the minister acted inconsistently with his most punitivist tradition. For her, the minister’s expressions of “outburst” and “loser cry” may aim to normalize defendants’ actions and reactions, minimizing the seriousness of what he calls a clear coup attempt. She says, however, that such lines will not legally bring impact on the trial.
For Diego Nunes, professor of law at UFSC (Federal University of Santa Catarina), Fux adopted in the vote an excessively restrictive interpretation, in which he does not accept the possibility of self -giving (ie Bolsonaro attempts to remain or return by illicit means to power).
Nunes also interprets that Fux understood that the “draft of coup” would be an inidneous act, that is, unable to threaten the democratic state. “The point is that the draft is not a loose text, but a proposal presented and discussed by several of the defendants,” says the expert.
“From the proceedings of the process, in my view these lines of the minister minimize the power of action and influence that a president in office – and that after leaving it remains a heavy political leader – may have about his surroundings and his supporters in general,” says Nunes.
For Danilo Pereira Lima, Professor of Constitutional Law at the Claretian University Center and PhD in Public Law at Unisinos (University of the Rio dos Sinos Valley), Fux’s vote minimized the probationary set presented by PGR.
He understands that, with this, the “Minister Fux gave his collaboration so that coup political movements continue to perform his attacks against democratic institutions. The vote was so contradictory that the minister followed with the condemnation of the aide for orders [Mauro Cid]but spared the guardian orders, former President Jair Messias Bolsonaro, “says Lima.
