Last week, the minister of the (Federal Supreme Court) asked for the return of his coup plot number for a new grammatical review.
Fux sent the vote to the Judicial Secretariat of the Supreme Court in early October. The sector is responsible for gathering all the votes and — document that formalizes the result of the trial and opens a deadline for defense embargoes.
With the return, Fux’s vote is the last one that remains to be delivered for the Judiciary Secretariat to finalize the document. The other ministers sent their votes for compilation later this month.
When contacted, Fux’s office said that the minister was one of the first to present his written vote for the publication of the ruling. Last week, however, he asked for the document to be removed so that grammatical corrections could be made.
The publication of the ruling is one of the key moments in the criminal process. It is only with the publication of the document that the five-day period begins for the defenses to present their embargoes (an appeal that questions parts of the sentence).
The Supreme Court’s internal regulations provide for a period of 60 days for the publication of the ruling. If the period is exceeded, the Judicial Secretariat must post a transcript of the vote read at the trial.
STF ministers heard by the Sheet They say that the expectation of (PL)’s arrest continues until the end of this year. The scenario, however, may change with the delay in releasing the ruling.
This is because the definitive arrest must only be carried out after the end of the process. The Supreme Court’s jurisprudence defines that this stage is only reached after the second embargo of defenses is rejected.
Fux was the only minister to vote against Bolsonaro’s conviction for crimes against democracy. The minister read his —one of the Supreme Court’s records. O to 27 years and 3 months in prison.
The minister’s vote has 429 pages. Fux dedicated most of it (226 pages) to establishing the theoretical premises of his vote, explaining what would be necessary to characterize each of the five crimes for which the defendants were charged.
The remainder of the document provides an individual analysis of each of the crimes allegedly committed by each of the defendants.
Fux voted for the convictions of lieutenant colonel Mauro Cid and former minister and general Walter Braga Netto for the crime of abolition of the Democratic Rule of Law. In relation to Bolsonaro, the minister said that it has not been demonstrated that the former president carried out acts of execution for a coup d’état.
“It cannot be accepted that it could constitute an attempt to abolish the democratic rule of law by giving speeches or interviews even if they contain questions about the regularity of the electronic voting system or rude accusations against members of other Powers. The simple defense of changing the voting system cannot be considered a subversive narrative”, he declared.
Fux said that Bolsonaro’s actions after Lula’s (PT) victory in the presidential race do not constitute an attack on democracy, but rather a “mere irresignation with the electoral result”.
“The criminal law punishes, in reality, conduct deliberately aimed at leading the nation to the stage of a hybrid or pure authoritarian regime, with an effective capacity to achieve this objective in all its necessary aspects,” he said.
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