Minister Luiz Fux’s move to the Second Panel of the Federal Supreme Court (STF) ends his participation in the trials of the so-called coup plot, which involves former president Jair Bolsonaro (PL) and former members of the government accused of trying to abolish the Democratic Rule of Law.
With Fux’s departure, the First Panel now has four ministers until the Supreme Court decides who will take over the vacancy — which could be the new minister appointed by President Luiz Inácio Lula da Silva (PT) or a member of the Second Panel who is relocated.
Until then, the resources of the main core of the coup plot, which, and core four, must continue with this reduced composition.
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In addition to the appeals, the trials of groups two and three are scheduled for November and December and must also have only four votes. Core five of the PGR complaint remains without a defined date.
In practice, Fux’s absence tends to reduce internal divergences, as he was the only dissenting vote among the ministers.
Change of posture
Fux’s distance from the group began to worsen after his decision to acquit Bolsonaro in the September trial. Until then, he used to accompany Alexandre de Moraes in tougher votes, but began to adopt softer positions, often aligning himself with minister Cristiano Zanin.
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The turnaround was clear in the case of hairdresser Débora Rodrigues, convicted of vandalism during the events of January 8th. At the time, Fux proposed a sentence of 1 year and 6 months, the mildest of the collegiate, a sign of a change in the judge’s stance in relation to the other ministers.
Regimental tension
Behind the scenes, according to an investigation published by the newspaper Economic ValueFux would have tried to participate in the cases already discussed in the First Panel even with his transfer request, claiming that the STF’s internal regulations did not prohibit this possibility.
The president of the collegiate, Flávio Dino, took the issue to the president of the Court, Edson Fachin, but the predominant interpretation is that there is no room for exceptions.
Ministers interviewed stated that there is no provision for a member to work in two groups simultaneously. Therefore, Fux’s change is considered definitive, ending any link with the processes involving Bolsonaro and his allies.
