Ministers of the First Class of the Federal Supreme Court (STF) expect a “Lapidar” vote by Minister Cármen Lúcia on Thursday, in contrast to the position of Minister Luiz Fux-who throughout Wednesday presented a vote in which he had not seen an attempt to scam in the acts committed by the defendants of the coup plot, which includes former President Jair Bolsonaro and seven people.
For members of the collegiate, the minister, a dean of the first class, is expected to make a “diametrically opposite” vote of Fux’s uttered, with an emphatic defense of democracy. Colleagues evaluate that Carmen will be surgical, but without exposing the judicial activity partner.
The minister has a history of harsh speeches in defense of democracy and the democratic rule of law, given throughout her career. During the judgment of the receipt of the complaint offered by the Attorney General’s Office (PGR) against Bolsonaro and the other seven defendants, the minister classified as “very serious” the acts of January 8 and said it was necessary to block the “democracy machine” from the country’s history.
Following the position of the rapporteur, Minister Alexandre de Moraes, Cármen stated that his vote intended to avoid further attempts to break institutional rupture in the country.
“So that Brazil has no attempt to coup, as we have had state blows in 37, 64, and then this machine from dismantling democracy continues to reverberate,” said Cármen, and added, “I think, therefore, that it describes the indications, the facts, the circumstances, the day, the day, that will be attributed in principle. If you check this concatenation, if it exists, as exists, what penal types that affect. ”
During her speech, the minister stated that scammer plots do not happen in just one day and are not usually “formalized”, but consume by a “continuous attempt that generates acts and consequences.” “But there was nothing formalized, because the blow is not formalized. Dictatorship kills, lives from death, not only of society, but of democracy, but of human and bone human beings that are tortured and mutilated,” Cármen said, pointing out that events that led to scammer acts from 8 January could not be minimized.
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The minister also remembered the months following the 2022 election when she was part of the Superior Electoral Court (TSE). According to her, at that time were heard “noise” that indicated that the former president “was not quietly welcoming” the electoral result.
“If it is not to say that it was without violence. The violence happened and it was not occasional, nor was it precarious, that there was a coincidence in that, on that day of Saturday night and Sunday during the day,” she said.
On Wednesday, Fux said that the crime of violent abolition does not cover the punishment for “naked disordered turns of organization and minimum articulation to affect the functioning of the constituted powers”:
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“The incidence of this article cannot be considered due to the absence of deposition of the legitimately constituted government.”
He added that the legislation does not provide for the punishment for “bravado”:
“It is not a crime foreseen in this title (violent abolition) the critical manifestation to constitutional powers. Removeing any claim to punish as attacks on the Bravas Democratic State, as stated here in interrogation. Bravates by political agents against members of other powers, albeit extremely reprehensible.”
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In addition to “bravado”, Fux classified as “outburst”, “loser’s cry”, “inflamed statements” the attacks on the institutions.
