Minister Alexandre de Moraes, of the Federal Supreme Court, denied this Tuesday (9) the defense attempt by retired general Mário Fernandes to take minister Luiz Fux to the session of the First Panel that judges nucleus 2 of the coup plot.
The petition, presented by lawyer Marcus Vinícius Figueiredo, was immediately rejected by the rapporteur of the criminal case.
“It is not at all relevant, the request that a minister from the Second Panel be part of a trial by the First Panel is absurd,” said Moraes during the session.
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The judge recalled that the STF’s internal regulations determine the fixed composition of each group, with five members, and that the minimum quorum of three ministers is sufficient to carry out trials.
Furthermore, he highlighted that Fux migrated to the Second Panel months ago, a decision that has already supported more than six hundred judgments made by the collegiate without contestation.
“No minister can be part of both groups at the same time. This is so obvious that it is surprising that it was requested”, he added.
Moraes then mocked the defense’s lack of technical knowledge: “Perhaps because lawyers are not used to working in the STF.”
As a result, the minister also rejected the request to postpone the session, which he classified as a “legal impossibility”.
The strategy of trying to include Fux, the only one to disagree with the acquittal of Jair Bolsonaro in the trial of the crucial nucleus, in September, had already been used by the defense of former advisor Filipe Martins and was equally blocked.
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Since the minister’s transfer to the Second Panel, the other nuclei of the coup attempt have been analyzed by the First Panel with four members.
