After Sanction from the US to Moraes and ‘Allies’, expectation is by vote of Fux

Amid the diplomatic clash that opposes Presidents Lula and Donald Trump and the suspension of the American Supreme Court Alexandre de Moraes visa, Minister Luiz Fux prepares his vote in the judgment on the heavy sanctions imposed on former President Jair Bolsonaro.

The ministers of the 1st Panel of the Court have already formed a majority to endorse Moraes’s decision -three of them, Flávio Dino, Cristiano Zanin and Carmen Lúcia, followed the rapporteur -but there is still an expectation about Fux’s vote, the last to speak.

The trial runs until Monday, 21, in the Virtual Plenary.

Based on the Supreme Court’s Internal Regulations, the ministers are not required to deposit the vote. If a magistrate does not comment until the deadline is closed, he will be considered absent.

In recent months, Fux has been starring the Moraes line in the context of the judgment of the defendants of the January 8th.

On Friday, 18, Moraes ordered the PF to search at Bolsonaro’s addresses and an electronic anklet was installed on it.

Restrictive measures include a ban on the former president to speak to one of his children, licensed deputy Eduardo Bolsonaro, who resides in the United States; to leave the house at night and on weekends; And approaching diplomatic representations from other countries – after the PF executed restrictive measures to Bolsonaro, Minister Moraes forwarded his decision to referendum from the 1st class.

Moraes’ squeeze in Bolsonaro caused immediate retaliation from the US government. Still on Friday, US Secretary of State Marco Rubio announced the suspension of the passport of Alexandre de Moraes, family members and ‘his allies’ in the STF.

Judgment

Just over an hour after going on virtual vote, most of the 1st class had already beaten the hammer, fully welcoming the rapporteur’s arguments. In 13 pages, Flávio Dino agreed with Moraes about risks of Bolsonaro’s ‘concrete possibility’ to the US.

Soon after, the president of the 1st class, Cristiano Zanin, also followed Moraes and closed majority about the issue.

In turn, Cármen Lúcia spoke into a vote that followed the understanding of the majority. In six pages, Carmen considered the adoption of the defined measures’ by Moraes to be adequate.

Fux’s vote is missing.

Since the beginning of the action of the coup, with 31 defendants-including Bolsonaro, former ministers of his government and generals-the 1st class has endeavored the decisions of Moraes, unanimously, including the imposition of precautionary measures until the receipt of the reports of the Attorney General’s Office.

Fux is the only one who, on time, has been putting himself as counterpoint to Moraes.

Divergences

Divergences between the ministers began at the trial on the acceptance of the complaint against those accused of leading the plan to keep Bolsonaro in power after Lula’s victory in the 2022 elections.

The complaint was unanimously accepted, but Fux made specific caveats and signaled that it can, even partially, to welcome the defendants’ theses in the judgment of the merits of the case.

He indicated, for example, that it is against punishing the attempted coup as a consummate crime and argued that it is necessary to differentiate preparatory acts from execution.

Also, in contrast to his colleagues, he showed caveats to Lieutenant Colonel Mauro Cid’s award-winning denunciation, former Bolsonaro orders.

Fux also considered that the proceedings should be sent for judgment at the first instance or in the plenary of the Supreme Court.

After that, he defended a sentence of 1 year and six months to the hairdresser Débora Rodrigues dos Santos, a pocket that chipped the phrase the phrase ‘lost, Mané’ in the court statue in front of the court building during the acts of 8 January.

Fux considered the dosimetry proposed by Moraes, who voted to condemn Deborah to 14 years in prison in a closed initial regime. The vote of Moraes prevailed.

Fux’s divergence led the rapporteur to present a complement to the virtual virtual plenary of the first class to counter his colleague. Moraes argued that the situation of the hairdresser “does not present significant differences” compared to the 470 defendants already convicted by the Supreme Court for involvement in the coup acts.

Precautionary measures

In the decision in which he imposed severe restrictions on Bolsonaro, Alexandre de Moraes stressed that the former president and his son Eduardo are coordinating a campaign to “embarrass the criminal action in this supreme court, as well as request from the head of foreign nation (US) measures to interfere illegally in the regular course of judicial process, in order to result in social pressure in the face of Brazilian authorities, with the nationwide sovereign”.