Minister Luiz Fux marked a position at the beginning of the vote phase in the trial of the coup plot, a lawsuit in which Jair Bolsonaro (PL) and seven other defendants respond for crimes such as attempted coup and armed criminal organization. He interrupted the rapporteur, Alexandre de Moraes, to warn that he intends to manifest separately about the preliminary claims of the defenses – procedural issues presented before the analysis of the merit, as attempts to cancel or suspend the criminal action.
These preliminaries had already been appreciated by the first class in previous phases of the process, even at the time of receipt of the complaint made by the Attorney General’s Office (PGR). Most ministers understood at the time that the Supreme is competent to judge the case and that there was no reason to stop the criminal action, rejecting the allegations of the defenses.
– Just by order, excellence. Your Excellency is voting preliminary; I will book the right to return to them the moment I present my vote. Since receiving the complaint, for consistency, I always pointed out that I was overcome in these positions – said Fux.
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The minister explained that while following the dynamics of Moraes, he intends to resume the debate about these points when his turn to vote:
“Just as you are going straight to the vote, I will, but I will refer to procedural issues when it comes to my turn,” he added.
In the answer, Moraes pointed out that all preliminaries raised so far have been rejected, many of them unanimously, and that there was no new fact to justify reopening the discussion.
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– All the preliminary ones I mentioned so far have been unanimously voted, including the vote of you. The preliminary incompetence of the Federal Supreme Court and, in the alternative, from the first class for processing and judgment, was also removed at the time of receipt of the complaint, by majority vote – said the rapporteur.
After Moraes, the order of demonstrations in the first class will be as follows: Flávio Dino, Luiz Fux, Cármen Lúcia and Cristiano Zanin. If there is a majority for the conviction, the ministers will move to the next phase, dedicated to the definition of the penalties of each defendant.
