Defense of General Augusto Heleno had quoted the term by talking about the number of questions asked by Alexandre de Moraes to the defendants; Rapporteur countered argument during his vote on Tuesday (9.Set)
Minister of (Supreme Federal Court) Luiz Fux said on Wednesday (10.Set.2025) during the judgment of the former president (PL) for attempted coup d’état that does not fit any judge ( “Take the role of Inquisitor.” The magistrate prepared an analysis for each of the 8 defendants and gave the statement when talking about Bolsonaro. The vote already lasts more than 7 hours.
“It is not up to any judge to assume the role of Inquisitor, to scour more than 70 million megabytes of documents looking for evidence that fit the accusatory rhetoric, nor correct internal contradictions found in its version of events,” said Fux.
By citing the term “Inquisitor Judge ”, Fux made an indirect reference of General Augusto Heleno, former minister of GSI (Institutional Security Office).
At the September 3 session, lawyer Mateus Milanez argued that the rapporteur of the lawsuit, Minister Alexandre de Moraes, had a participation that the defense considered excessive, asking more questions than the (Attorney General’s Office) during the interrogation of the defendants (evidence production phase).
Watch at the moment (1min28s):
Moraes countered the argument in his vote held on Tuesday (9.Set). While analyzing the preliminary issues of the complaint of the coup attempted, the minister called the allegation of “Esdrúxula” And said it is not up to a lawyer “Censor a magistrate saying the number of questions he can ask”.
“The idea that the judge must be a legal fern during the process has no connection with the accusatory system. This is a strange allegation. And it is not up to any lawyer to censor a magistrate saying the number of questions he should ask,” declared.
Watch at the moment (57s):
When talking about “70 million megabytes of data”Fux also repeated his reception to the defense curtailment argument brought by the defendants’ lawyers. On the morning of this 4th (10.set), the minister said there was no time to read the case file.
“Due process law is valid for everyone. At this point, I emphasize what has been called document dumping, the late disposition of a large number of data,” said Fux. “Due to the late availability of a data tsunami, without identification in advance of data, I welcome the preliminary constitutional violation of broad defense and declare defense surroundings. ”
Read more about the trial:
Bolsonaro’s trial
The 1st class of STF judges Bolsonaro and 7 more defendants for attempted coup d’état. The Supreme has heard the oral support of all defendants’ defenses. Now they will be the ministers to vote. On Tuesday (9.Set), Minister Flávio Dino Minister Alexandre de Moraes and voted for.
A It is expected that the process will be completed by Friday (12.set), with the discussion about the dosimetry of the penalties.
Integrate the 1st class of the STF:
- Alexandre de Moraesrapporteur of the action;
- Flávio Dino;
- Cristiano ZaninPresident of the 1st Class;
- Cármen Lúcia;
- Luiz Fux.
In addition to Bolsonaro, they are defendants:
- Alexandre Ramagem (PL-RJ)e former director and (Brazilian Intelligence Agency);
- Almir Garnierformer commander of the Navy;
- Anderson Torresformer Minister of Justice;
- Augusto Helenoformer minister of institutional security;
- Mauro Cidex-assistant of presidency orders;
- Paulo Sérgio Nogueiraformer defense minister;
- Walter Braga Netto, of the Civil House.
The nucleus 1 of the coup attempt for the to commit 5 crimes: armed criminal organization and attempts to abolish the democratic rule of law and coup d’état, as well as qualified damage and deterioration of listed assets.
If Bolsonaro is sentenced, the minimum penalty is 12 years in prison. The maxim. If there is a conviction, the ministers will define the penalty individually, considering the participation of each defendant. The penalties determined against Jair Bolsonaro and the other 7 accused, however, will only be met after the final judgment, when there is no more possibility of appeal.
As a former president, if convicted in res judicata, Bolsonaro should be arrested in a special room in Papuda, federal prison in Brasilia, or at the PF (Federal Police) Superintendence in the federal capital.
