The (Supreme Federal Court) formed a majority on Thursday (11) to deny requests for annulment of the prosecution of the coup plot, which includes the former president (PL). The minister gave the third vote against the nullity arguments of the process.
She,, rapporteur of the case, and opposed the theses defended on Wednesday (10) by the minister.
Moraes and Dino had rejected all preliminary questions, which are raised by defendants’ lawyers to contest decisions and procedural aspects. The defenses called for the annulment of the trial for alleged irregularities in the process of the case and argued that their performance had been surrounded.
Fux, on the other hand, based on three main arguments: that the competence to judge it would not be the Supreme; that it would not even be the first class of the court; and that there would have been curtailment of the right of defense in the face of the volume of documents for analysis, which exceed 70 terabytes.
She mentioned that, shortly after the January 8 scammer attacks, the then president of the Supreme, Rosa Weber, said that the processes related to this episode would be tried with speed.
“Everything has been invested so that something of such gravity that reaches the heart of the republic, [fosse julgado]. It was necessary to give proper preference, in the case of judgment, and not who practiced what, “said the minister.
Carmen denied the three preliminaries with which Fux had agreed. She defended the trial within the Supreme Court, not in the first instance of the judiciary; and also by the five ministers of the First Class, to the detriment of the 11 that make up the plenary.
Most formed in the first class in understanding the validity of the process indicates a backing of the collegiate to Moraes. The minister has strengthened himself as a rapporteur of the process by maintaining the action against the coup plot in the Supreme Court and, specifically, in the group where there is a favorable majority to his positions.
The two magistrates nominated by Bolsonaro, Nunes Marques and André Mendonça are part of the second class. Even though he was not chosen by the former President of the Republic, Fux already indicated wanting to diverge from Moraes at some points.
In addition to voting three times by annulment of the process, he also positioned himself in favor of the suspension of all criminal action against the Federal Deputy and former director general of ABIN (Brazilian Intelligence Agency) Alexandre Ramagem (PL-RJ).
The minister agreed with his colleagues, however, by validating the award-winning denunciation of Lieutenant Colonel Mauro Cid, the main former Bolsonaro orders.
