The defense of , former international advisor to the Presidency of the Republic, asked the First Panel of the Federal Supreme Court this Monday (8) for the minister to participate in his trial, which begins this Tuesday (9).
Martins is part of core 2 of the coup plot and is accused of having helped write the so-called coup draft, which he denies. The defendant’s defense argument is that Fux has already judged two sections of the case and on both occasions voted for the acquittal of several defendants.
The minister asked to change classes, leaving the panel that judges the coup with just four members. Fux will be replaced by , which does not yet have a date to occur.
According to Martins’ lawyers, the case of Bolsonaro’s former advisor is connected to the other groups and arises from the same investigation and the same complaint. Thus, Fux would be linked to the trial and would be the natural judge of the case.
The defense cites precedents recognized by Minister Alexandre de Moraes himself, rapporteur of the case. The lawyers also declare that the departure of Fux, the only one to give a favorable position to defendants, would cause “concrete harm” to Martins. The lawyers also ask that the trial be postponed until the Panel decides the issue.
According to lawyers Jeffrey Chiquini and Ricardo Scheiffer Fernandes, the request “does not seek to delay the process, but to ensure that the trial respects constitutional guarantees and takes place before the competent panel, as required by due legal process.”
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