Ministers Alexandre de Moraes, Flávio Dino and Luiz Fux voted in favor; There are still Minister Carmen Lúcia and Cristiano Zanin
The first class of the majority formed on the afternoon of Wednesday (10) to condemn Lieutenant Colonel for the crime of abolition of the Democratic Rule of Law. The ministers, and have already voted in such a sense. Fux, Minister Luiz Fux of the Federal Supreme Court, voted to deliver Mauro Cid for other crimes -coup d’état, criminal organization and heritage damage -, which will reduce the total penalty of Jair Bolsonaro’s former wondering of orders. Despite the divergences of the vote of Moraes, the minister argued that Cid practiced executory acts to make the crime viable. There are still voting for Minister Carmen Lúcia and Cristiano Zanin.
For Fux, Lieutenant Colonel “was in accordance with the institutional rupture,” he knew what was going on and acted to create an environment for the coup. For him, Cid practiced executing acts to make the crime viable. Fux is the third minister to vote for the trial against former President Jair Bolsonaro and seven of his allies for the crime of coup. The score is 2-0 for the conviction, according to the votes of Minister Alexandre de Moraes and Flávio Dino.
Regarding the union of crimes of abolition of the rule of law and coup, Fux said he exposed his reasons for the theoretical premises of his vote. “Due to the theoretical assumptions launched at the beginning of the vote, I considered the crime of coup absorbed by the crime of attempted violent abolition of the democratic rule of law. For this reason, I analyze the practice of this crime by the defendant Mauro Cid,” he argued.
In his vote, Fux argued that “Mauro Cid cannot be held criminally responsible for the crime of criminal organization”, because “there is no proof in the case that the defendant came together with more than four people in a unit of designs to lastly commit an indefinite number of crimes intended for power in Brazil.”
According to the minister argued that Cid “certainly” was aware of a meeting about the operation “Cup 2022”, one of the plans to avoid the possession of Luiz Inacio Lula da Silva. According to the minister, the plan was a “clandestine action to execute authorities” and the evidence “reveals clearly” that Bolsonaro’s former joint-artist was involved with the operation. He added that Cid confessed that “he requested the monitoring of Supreme Minister (Federal Court) to verify his location and enable his violent execution.” “This request (monitoring) is concrete material act to violently abolish the powers of the Republic,” he argued.
Fux said the interactions between ICD and the military attest that he was aware of the measures of the “Copa 2022” plan and was involved in planning. “It is true that the employee was at the meeting with Colonel de Oliveira and General Braga Netto, in which the $ 100,000 for the execution of the plan were made available to the employee,” argued the minister.
“The proof of the case is firm and unambiguous in the sense that all who wanted to convince the president of the need to adopt concrete actions for the abolition of the rule of law, made request through the employee. He who carried and brought all this,” he argued. Fux also said that there was a “personal effort” of Cid to make the blow come true.
*With information from Estadão Content
