The change of minister to the (Federal Supreme Court) could give the minister more strength in a collegiate dominated in recent years by the court’s dean, the minister.
by the former president (PL) to the Supreme Court, Nunes Marques did not align himself with any of the court’s currents. His performance is compared to a pendulum: sometimes he votes with , sometimes he forms a majority with Gilmar and .
Nunes Marques’ position in the Second Panel should guarantee him the decisive vote in trials at the Supreme Court and place him as a key player in the court’s new balance of forces.
The Supreme Court is made up of ministers Gilmar Mendes (president), Dias Toffoli, Luiz Fux, André Mendonça and Kassio Nunes Marques. The collegiate is known for being the most guarantor of the court, a current that prioritizes the protection of fundamental rights and individual guarantees to the detriment of the persecutory power of the State.
One of Nunes Marques with Fux and Mendonça can guarantee a majority in the class and give the trio power that was previously considered unlikely, in cases judged in the Supreme Court’s plenary.
The Second Panel is responsible for judging the cases linked to the , analyzes cases about and will be responsible for deciding on possible and other people convicted of the coup plot.
It was also there that many of Lava Jato’s decisions were reviewed and overturned with blunt speeches against the actions of the Public Ministry or lower courts.
Four ministers heard by the Sheet highlight that court members do not usually have automatic alignments. They disagree on the impacts of Fux’s going to the Second Panel — one thinks it’s too early to assess and others see implications especially in criminal matters.
In the view of a judge, however, the change should highlight the differences between the two collegiate bodies on different topics.
Nunes Marques usually votes against the Public Ministry in cases that involve politicians or have great national repercussions. It was with his vote that the group considered illegal the use of intelligence reports from the (Financial Activities Control Council) in denouncing the senator’s (PL-RJ) cracks.
He was one of the few to vote for the acquittal of the Bolsonarists arrested in front of the Army HQ the day after the attacks on the headquarters of the Powers.
It was also up to Nunes Marques for the Second Panel to annul the convictions of the former minister, right-hand man of (PT) in his first term as President, imprisoned in .
Luiz Fux decided to leave the First Class after finding himself isolated at the school. He was the only one to vote for Bolsonaro’s acquittal and part of those involved in the attempted coup d’état at the end of 2022. Since then, the atmosphere between the ministers has become denser.
The group is made up of Flávio Dino (president), Cármen Lúcia, Alexandre de Moraes and Cristiano Zanin.
The movement was interpreted by Supreme Court colleagues as an attempt by Fux to seek allies at a time when he found himself cornered by the criticism he received for his vote to acquit Bolsonaro.
Fux’s position was already expected by the other members of the First Panel. The main reason for indignation was the way the vote was presented, during a reading of around 13 hours without permission for interruptions from colleagues.
Even though the divergence was foreseen, the ministers were uncomfortable with what they saw as Fux’s aggressive stance and the content that would have gone beyond what Fux indicated in the January 8 cases, by questioning Moraes’ handling of the case and critical references to his colleagues’ demonstrations, in addition to minimizing the case under debate with statements in defense of freedom of expression and demonstration and peaceful protests.
The day after their vote, Moraes, Cármen and Dino dedicated part of the session to refuting Fux’s theses and defending the conviction of the former president and his allies.
Now sitting on another floor of the Supreme Court, Fux will share space with minister Gilmar Mendes, with whom he has had ongoing disagreements. The most recent was a discussion, on Wednesday (15), during the plenary session break.
The reason for the dispute was Fux’s request for a review (more time for analysis) of the lawsuit that Gilmar filed against the senator (União Brasil-PR) for slander.
The partial result was 4-0 against Moro’s appeal. All that was missing was Fux’s vote. In the discussion, Gilmar suggested that his colleague undergo “therapy treatment to get rid of Lava Jato”, as shown by .
In the Second Panel, Fux can handle the remaining Lava Jato cases. Minister Edson Fachin was responsible for the cases, but left them when he assumed the presidency of the Supreme Court.
