247 - The trial of the attempted coup d'état, which involves Jair Bolsonaro (PL) and seven other defendants, gained a new chapter this Wednesday (10), after a series of disagreements from Minister Luiz Fux.

Fux, when beginning his vote, made a point of emphasizing that"it is not the STF's role to make a political judgment on what is good or bad, convenient or inconvenient, and appropriate or inappropriate," reinforcing that the Supreme Court's role is to analyze the legality and constitutionality of the facts. The minister accepted the defense's allegations, voting for the STF's incompetence to judge the case and ordering the annulment of the entire process. Furthermore, Fux also considered that the First Chamber of the Supreme Court was not the appropriate body to judge the case, suggesting that the trial should be conducted by the full Court.

However, the minister rejected other requests, such as the annulment of the plea bargain of Mauro Cid, Bolsonaro's former aide-de-camp who collaborated with the investigations. Thus, the First Chamber formed a majority to uphold the defendant's collaboration. Fux also ruled in favor of dismissing the charges of criminal organization and armed criminal organization and questioned the joint imputation of the crimes of coup d'état and attempted abolition of the Democratic Rule of Law, considering that one of these crimes was the means to carry out the other.

Regarding the crime of damage, the minister argued that authorship should be analyzed based on the agent's direct control over the action, arguing that, in the case of former minister Anderson Torres, there would be no immediate liability for his attempt to prevent the invasion of the Supreme Court. Fux emphasized that, for a conviction, more than mere intellectual leadership without concrete evidence of direct participation would be required.

Despite Fux's disagreements, Moraes and Dino's votes remained in favor of convicting the defendants. Moraes, the rapporteur for the case, detailed in his vote the structure of a criminal organization led by Bolsonaro, which allegedly acted in a coordinated and hierarchical manner from 2021 until the events of January 8, 2023, when Bolsonaro supporters stormed the headquarters of the Three Branches of Government in Brasília. For Moraes, the group acted with the clear objective of attacking the democratic rule of law and overthrowing the elected government.

Flávio Dino, in turn, sided with Moraes, but advocated for more lenient sentences for some defendants, such as former Abin director Alexandre Ramagem, former Defense Minister Augusto Heleno, and former Minister Paulo Sérgio Nogueira. Dino also supported the validity of Mauro Cid's plea bargain, reinforcing the importance of collaboration in clarifying the facts.