See how Fux voted in each crime for each defendant in the trial of the coup

Third to vote for the trial of former President Jair Bolsonaro (PL) and seven other defendants for attempted coup d’état, STF Minister Luiz Fux diverged from the rapporteur Alexandre de Moraes and Flávio Dino and condemned only two of the eight accused. Even so, in only one of the five imputed crimes.

In addition to the former president, Walter Braga Netto (former Minister of Defense and Civil House), Augusto Heleno (former GSI), Alexandre Ramagem (Federal Deputy and former director of ABIN), Anderson Torres (former Minister of Justice), Paulo Sérgio Nogueira (former Minister of Defense), Almir Garnier (former commander of the Navy) and former Minister of Marine) Bolsonaro orders). Fux’s only convictions were Cid and Braga Netto for attempted abolition of the Democratic Rule of Law.

Defendants respond for five crimes:

Bolsonaro was acquitted of all the crimes pointed out in the complaint of PGR. The minister argued that no one can be punished only by the cogitation and that Bolsonaro cannot have committed an attempt to coup because he was president. Fux also minimized the different versions of the coup draft that circulated between the former president’s supporters and stated that speeches against the electoral system and the institutions do not constitute an attempt to abolish the Democratic Rule of Law, as this crime requires violent conduct.

The minister also classified Bolsonaro meetings with the Armed Forces commanders, in which an alleged coup decree was discussed as a “vacancy cogitation.” And he stressed that there is no evidence that Bolsonaro was aware of the plan that provided for the murder of Moraes, Lula and Geraldo Alckmin or the improper blocks of the Federal Highway Police on the election day.

The accusation of armed criminal organization was the first that Fux rejected in all defendants. According to the minister, the jurisprudence of the courts understands that there is no crime of criminal organization when the reported group was not formed to commit certain crimes. He maintains that a criminal organization needs to be “permanent to commit indeterminate crimes, never to commit a single crime.”

That is, even if Bolsonaro and his allies have taken months in the phases of cogitation, planning and preparation of the coup, they could not be punished as a criminal organization because it is the same plan in Fux’s view. “The grouping does not constitute a self -employed crime, but the contest of people,” he defended.

Fux also rejected the qualifier of weapons use to all defendants, which could raise the penalties. He argued that it is not enough that the members of the supposed criminal organization will bear weapons: it would be necessary to prove effective use by at least one during the group’s activities, which was not shown.

Regarding the crime of qualified damage against the heritage of the Union, Fux argued that he was absorbed by the crime of deterioration of overturned assets. Nevertheless, he acquitted all defendants, arguing that none of them were present in the acts of 8 January and there is no evidence that they ordered the attacks on the headquarters of the powers. The minister argued that it is not possible to impute to the defendants the responsibility for crimes committed by third parties.

Finally, the minister argued that the crime of coup d’état was absorbed by the attempted violent abolition of the Democratic Rule of Law, for which he ordered Cid and Braga Netto.

See how the minister positioned himself in the case of each defendant:

Mauro Cid

According to Fux, Cid “was directly involved in financing acts to maintain people in camps and to practice criminal violent acts designed to make the regular functioning of powers and the rule of law unfeasible.” He also considered that the evidence in the file clearly demonstrates that Cid knew and was directly involved the plan to kill Moraes, Lula and Alckmin.

Almir Garnier

• Criminal organization – acquitted

• Coup of state – acquitted

• Attempted violent abolition of the Democratic Rule of Law – acquitted

• WELL DAMAGE – ABSOLVED

• Qualified damage against the union’s assets – acquitted

Jair Bolsonaro

• Criminal organization – acquitted

• Coup of state – acquitted

• Attempted violent abolition of the Democratic Rule of Law – acquitted

• WELL DAMAGE – ABSOLVED

• Qualified damage against the union’s assets – acquitted

Walter Braga Netto

Fux considered that the general helped plan and finance the plan to murder Alexandre de Moraes. For him, the Plan Copa 2022 was an executory act of the coup plot carried out by the defendant.

Augusto Heleno

• Criminal organization – acquitted

• Coup of state – acquitted

• Attempted violent abolition of the Democratic Rule of Law – acquitted

• WELL DAMAGE – ABSOLVED

• Qualified damage against the union’s assets – acquitted

Alexandre Ramagem

He did not analyze the accusations for qualified damage to the union’s assets and damage to the equity listed because the criminal action on them is suspended by the resolution of the House of Representatives.

Anderson Torres

• Criminal organization – acquitted

• Coup of state – acquitted

• Attempted violent abolition of the Democratic Rule of Law – acquitted

• WELL DAMAGE – ABSOLVED

• Qualified damage against the union’s assets – acquitted

Paulo Sérgio Nogueira

• Criminal organization – acquitted

• Coup of state – acquitted

• Attempted violent abolition of the Democratic Rule of Law – acquitted

• WELL DAMAGE – ABSOLVED

• Qualified damage against the union’s assets – acquitted