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After a "confusing" and "contradictory" vote, Fux should be "isolated" in the STF

Thursday, September 11


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247 - Minister Luiz Fux of the Federal Supreme Court (STF) is facing strong internal backlash after his vote in the trial of the attempted coup d'état. According to Bela Megale of the newspaper O Globo, the judge's position provoked surprise and indignation among his colleagues at the Court, who considered the decision contradictory to hundreds of previous rulings.

At least three justices believe that Fux will be"emptied" within the court, losing his ability to articulate and build consensus. His isolation is expected to be even greater than that faced by Jair Bolsonaro's (PL) appointees: Kássio Nunes Marques and André Mendonça.

Vote that surprised even Bolsonaro's allies

Fux's vote, which lasted more than ten hours, was described by colleagues as"confused," "back and forth," and marked by "contradictions." Members of the First Chamber reported that the minister went beyond even the defendants' defense arguments by failing to acknowledge that a coup attempt had occurred, despite convicting Lieutenant Colonel Mauro Cid of attempting to abolish the rule of law.

The decision surprised even allies of Jair Bolsonaro. Fux was expected to simply reduce the sentences or dismiss the former president's direct connection to the January 8th attacks, but the justice went further: he voted for Bolsonaro's full acquittal, annulled the trial, and claimed the Supreme Court lacked jurisdiction to hear the case.

Impacts on the court environment

Fux's stance comes at a time when the Supreme Court was regaining internal harmony following attacks from the far right. His colleagues believe his vote could reignite tensions in the sessions, precisely when the court was seeking stability.

By aligning his arguments with Bolsonaro and his allies' rhetoric, Fux reinforced the narrative that the case was marred by illegalities because it was being processed by the Supreme Court. The choice, however, highlighted the political risk the justice faces: becoming an isolated voice amid the Court's majority.

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