The minister’s debut in the Second Panel was scheduled to take place on October 28th, but was canceled due to the death of lawyer Sergio Bermude
The minister will participate this Tuesday (11) in his first ordinary session as a member of the Second Panel of the Federal Supreme Court (). The group comprises, in addition to Fux, the ministers Dias Toffoli, Nunes Marques and André Mendonça.
The collegiate analyzes three constitutional complaints (RCLs), processes in which the authors seek to annul judicial decisions that may have usurped the Court’s jurisdiction or disrespected an understanding already consolidated by the court. Two of these actions deal with the exclusion of female candidates in public competitions in the military area in the State of , and the third discusses the State’s civil liability for acts of public agents.
Fux’s debut in the Second Panel was scheduled to take place on October 28th, but the session was canceled due to the death of lawyer Sergio Bermudes. The president of the collegiate, minister Gilmar Mendes, attended Bermudes’ funeral in .
Luiz Fux asked to leave the First Panel of the STF amid a scenario of isolation in the coup plot trials. He was the only minister to vote in favor of the acquittal of the defendants from the central nucleus, condemning only the former aide-de-camp Mauro Cid and General Walter Braga Netto for violent abolition of the Democratic Rule of Law.
The change of class still raises doubts about the judgment of an appeal presented by the former president (PL) against the decision of the Superior Electoral Court () that made him ineligible for abuse of political power.
Fux was the rapporteur of the case in the First Panel and it is not yet known whether the action will be voted on in the collegiate in which it began, still with the minister’s report, or if he will “upload” the process to the Second Panel.
According to the principle of “prevention”, the first option occurs and, in this case, Fux’s replacement in the First Panel, not yet announced, does not vote. But the Court has already applied different understandings over time, which leaves room for the appeal to change collegial.
The Second Class is seen as more “guaranteer” in relation to the First, more “punitive”. It also has in its composition two ministers appointed by Bolsonaro, Mendonça and Nunes Marques.
*With information from Estadão Conteúdo
Published by Nátaly Tenório
