The discussion between the ministers and during the break in the judgment of the (Supreme Federal Court) on Wednesday (15) continued during the session at .
The Supreme Court judged a case on the amounts obtained through convictions in public actions that were not allocated to a specific fund, as provided for by legislation.
Gilmar used the case to renew his criticism of , reading and accusing them of being idiots. Fux, with whom he had been arguing for minutes, got up from his chair and left the plenary, never to return.
The Dean of the Supreme Court made the connection between the two themes when recalling that, during Lava Jato, the prosecutors responsible for the investigation decided to create a , funded by and administered by the task force, to sponsor citizenship and anti-corruption projects.
“The main example of a blatantly illegal diversion of resources that should serve to compensate for the damage caused by illegal acts is, without a doubt, what was observed within the scope of the so-called Lava Jato Operation, in which there was even an attempt to appropriate billions of dollars in funds with the creation of funds that would be administered by the Curitiba prosecutors,” he said.
“Brazil produced, president, during this period of Lava Jato and so on — and it’s a Brazilian singularity, a jabuticaba — a type of fighter, Minister Zanin, who really likes money. It’s a singularity,” he added.
Gilmar approached the subject through this path, comparing the irregular use of resources that should go to a public fund. Having mentioned Lava Jato, the minister began to read messages exchanged between prosecutors and advance on topics other than the case under trial.
He said that prosecutors tried to set up an international scheme for illegal sharing of evidence, cited “delivery of evidence in a supermarket bag” and called the management of the former head of the (Attorney General’s Office) a “sad memory”.
Gilmar’s vote lasted just under 50 minutes. Fux left the Supreme Court plenary right at the beginning. After the dean of the court finished his speech, few interventions were made and the president of the court, Edson Fachin, closed the session.
A minister told the Sheetsubject to reservation, that Fux’s withdrawal was perceived by his colleagues as an act of repudiation of Gilmar. The atmosphere in the court remained tense this Thursday (16). Gilmar and Fux, who were wanted, did not speak out.
An hour before the silent clash in the plenary, Gilmar and Fux had a tough dialogue in one of the STF rooms attached to the plenary, as revealed by .
During the session break, shortly after 4 pm, Gilmar questioned Fux, ironically, about having suspended the judgment of an appeal in which he tries to reverse the decision that made him a defendant for the crime of slander against Gilmar himself.
The score of the First Class was 4-0 against Moro. Fux asked for more time to analyze the process. According to reports of the conversation, Gilmar told Fux: “See if you can get therapy to get rid of Lava Jato.”
He then stated that his colleague should “bury” the matter “of Salvador”, referring to a former employee of Fux’s office, José Nicolao Salvador, in the last decade, and fired by the magistrate in 2016.
According to reports, Fux reacted. He replied that he had asked to see Moro’s case to examine it better and that he was also upset with Gilmar, who would speak ill of him in several places and occasions.
Gilmar stated that this was true, but that he spoke badly of Fux publicly, and not behind his back, as he considered him a regrettable figure. And he gave as an example the judgment of , saying that Fux “imposed on his colleagues [da Primeira Turma] a 12-hour vote that “finally acquits the former president and”[o tenente-coronel Mauro Cid, por tentativa de abolição do Estado democrático de Direito]”, which would have made “everyone” upset.
Fux, according to reports, defended his vote, stating that it was what he had to do in the face of what he understood to be a massacre suffered by the defendants in the coup plot.
