Fux diverges and says he doesn’t see concrete proof of attempted Bolsonaro’s escape

The first class of the Supreme Federal Court (STF) confirmed by 4 votes to 1, on Monday (21), the precautionary measures imposed on former President Jair Bolsonaro (PL) by Minister Alexandre de Moraes. The only opposite vote was by Minister Luiz Fux, who considered the disproportionate restrictions and pointed out the absence of concrete evidence of attempted escape.

Among the confirmed measures are the use of electronic anklet, nightly collection on weekdays and full days on weekends, prohibition of use of social networks, as well as the prohibition of contact with investigators, ambassadors and foreign representatives.

Fux was the last to vote at the extraordinary session, held virtually during the recess of the judiciary. For the minister, measures hurt fundamental freedoms and are not supported by enough evidence. He pointed out that Bolsonaro has a “right domicile” and that his passport is retained, concluding that “the need, in concrete need, of the precautionary measures imposed.”

Fux also criticized the prohibition of social networks, stating that the measure collides with freedom of expression. “The breadth of imposed measures disproportionately restricts fundamental rights,” he wrote. In the vote, the minister argued that topics such as international pressure and diplomatic crisis must be dealt with “in the political and diplomatic areas of their own.”

The divergent vote isolated Fux in the first class, also composed by ministers Cristiano Zanin, Flávio Dino, Cármen Lúcia and Moraes himself, rapporteur of the case.

Moraes’s decision was based on an investigation by the Federal Police (PF) and had a favorable opinion from the Attorney General’s Office (PGR). According to the minister, Bolsonaro and the licensed deputy Eduardo Bolsonaro (PL-SP) acted to induce and support actions of the United States government to pressure the STF to file the criminal action that investigates the attempted coup after the 2022 elections.

On Monday, Eduardo again admitted that he knew and ancient the 50% tariff imposed by the Trump government to Brazil.

The PGR justified the request for the use of the anklet as necessary to “avoid the defendant’s escape” and “ensure the application of criminal law”, citing indications of obstruction to the process.

With the confirmation of the measures, Bolsonaro is now monitored by full -time GPS. The decision also prohibits publications on social networks, including content conveyed by third parties. The former president canceled a live interview after the decision.

During the search operation authorized by Moraes last Friday (18), the PF seized about $ 14,000 at Bolsonaro’s residence and also searched at the Liberal Party headquarters in Brasilia.

In a statement, the former president’s defense called the measures as “surprising and unworthy” and said that Bolsonaro “has always complied with all the determinations of the judiciary.”