Movement occurs after the retirement of Luís Roberto Barroso; If Edson Fachin allows the change, Lula’s next nominee will take a place in the First Class
The minister asked the president of the Federal Supreme Court (), Edson Fachin, to transfer him to the Second Panel of the Court. The request was formalized this Tuesday (21) and comes a few days after the magistrate was the only one to vote against the conviction of the former president (PL) and other defendants in the trial of the so-called coup plot. In the document sent to Fachin, Fux did not provide justifications, but cited article 19 of the Supreme Court’s Internal Regulations, which allows movement between classes in the event of a vacancy.
The position in the Second Class was opened with the minister’s retirement, which occurred last Saturday (18). Currently, the First is made up of (president), Cármen Lúcia, Cristiano Zanin and Fux. The Second, considered more guarantor — as it gives greater weight to the defense arguments —, is formed by Gilmar Mendes (president), Dias Toffoli, and Nunes Marques.
If the request is accepted, Fux will leave the group responsible for the processes linked to the attacks and the attempted coup, judgments in which he has differed from the majority. In September, he was defeated when he asked for the acquittal of Bolsonaro and the central core of the case. This Tuesday, he once again defended the acquittal of others accused of spreading disinformation.
During his vote, Fux stated that he had “judicial humility” to review previous positions. According to the minister, it is necessary to prevent the feeling of urgency in moments of national commotion from leading to hasty decisions. “Judicial humility is a virtue that, even when late, saves the law from petrification and prevents justice from becoming an accomplice to injustice,” he declared. Internally, STF ministers assess that, even with the change of class, Fux could still complete processes in which he already voted to receive the complaint. Still, the tendency is for him to stay away from the next phases of the coup plot.
Before leaving the group, Fux informed his colleagues that he will release his final vote on the Bolsonaro case this Tuesday, a 429-page document that will be compiled at the Judiciary Secretariat. The delivery of votes is necessary for the publication of the ruling — a stage that opens the period for appeals and defines the beginning of compliance with the sentences imposed on those convicted.
With Fux’s departure, the First Panel must receive the new minister to be appointed by President Luiz Inácio Lula da Silva (PT) to replace Barroso. The most popular is the chief minister of the Attorney General’s Office (AGU), . The choice should be confirmed after Lula returns from Asia next week.
Published by Felipe Dantas
*Report produced with the help of AI
