Minister Luiz Fux, of the STF (Supreme Federal Court), stated this Tuesday (21) that he changed his position because he committed “injustices” in the trials of defendants related to the undemocratic acts of January 8, 2023, when, in some cases, he voted to convict the accused.
“My previous understanding, we judged many cases, although supported by the logic of urgency, incurred injustices that time and conscience no longer allowed me to sustain”, the minister began in the statement.
Fux’s speech took place during the vote on nucleus 4, considered a disinformation group, in the process regarding the attempted coup after the 2022 elections. The minister indicated that he will acquit the defendants for the crimes of attempted coup, abolition and criminal organization and the damages committed on January 8th.
In the vote, Fux detailed that the typical nature of the crimes applied to the January 8th defendants (the same as those involved in the coup plot) should not be applied to defendants already convicted.
“My realignment does not mean weakness of purpose, but firmness in defending the rule of law,” he said.
The minister also stated that there is no “demerit” for a judge to change his position when he recognizes “his own mistake”. “The magistrate should not seek consistency in the error”, he added.
Fux was the only minister in the First Panel to vote to acquit, for most of the crimes, the defendants from core 4 of the coup plot, which includes former president Jair Bolsonaro (PL).
