He is a generous father. Minister of, made phone calls to ask the appointment of daughter-in-law to the TJ-RJ (“That’s all I can leave for her,” said the judge, according to Piauí magazine). He released to practice relatives in the Supreme Court, a promising branch of current legal practice. Not taught in colleges, skill requires blood bond.
Luiz Fux is a generous colleague. In a monocratic injunction of 2014, never submitted to the STF plenary, he guaranteed to the judges of Brazil an illegal salary increase. Five years and billions of reais later, already negotiated increase with Congress ,. Without asking the plenary alone, as he speaks. Hero of the Magistocracy.
Luiz Fux is generous with poetry quotes. In a speech, he did not suspect that the verse “restarts and just a matter of wanting, if you want, God wants” perhaps it was not from Carlos Drummond de Andrade.
Luiz Fux is not only generous with the clarity and credibility of his ideas.
Argument is serious in law states. The most serious. It’s your input, your lubricant, your final product. It feeds civic life and the legitimacy of the courts. But the rule of law also asks that the issues of arguments, especially judges, be taken seriously, have serious appearance. It is not “ad hominem” fallacy, but a requirement for judicial ethics.
Seriousness and appearance of seriousness are virtues that Luiz Fux is exempted not to cultivate. So it is naked.
Useless try to classify Fux by doctrinal typologies. Useless to ask if it was guaranteed or punitivist, dichotomy that most confuses the legal debate since Lava Jato. Guarantee would be the judge who has to release and acquit. Punitivist what they have arrested and condemn. Guarantee that arrest and punitivist that releases cause short circuit in automaton common sense. Dichotomy that journalism would do well to abandon. Better to read each case beyond the result and observe argumentative and factual variations.
Fux is neither punishment or guaranteeing, just a casuist. He decided to make this even clearer in the most important criminal case in national history. It is not that Fux today or tomorrow. Fux does not agree or disagree, only splashes verbal ornament that gives some turns, some rhyme.
Fux’s vote did not honor the right to dissent, the value of divergence or pluralism. It did not offer analytical counterpoint in a sincere deliberation. Fux has already condemned hundreds of defendants for coup attempt on January 8. When he judges his leaders, he says that STF has no competence.
Chico Anysio was not inspired by Luiz Fux to invent Rolando Lero. Dias Gomes did not know him to compose Odorico Paraguaçu or Sinhozinho Malta. Luiz Fux made his own author. It did not leave fiction, but voluntarily enrolled in the literary school from which Pedro Malasartes came out. It is the most legal to say of your vote.
In 2020, with fux. He said that, in the presidency, he would not guide a long list of delicate cases to his agenda. Cases such as the penduricals of Rio de Janeiro judges (“functional facts”) or the “guarantee judge”. Never guided and lost. I covered and never paid.
Luiz Fux does not deserve to be taken seriously for what he says, but for what he represents.
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