Luiz Fux changes vote and defends reversal of January 8 convictions

Federal Supreme Court (STF) minister Luiz Fux voted to reverse the conviction of ten defendants accused of participating in the undemocratic acts of January 8, 2023. Fux was part of the majority for conviction in the initial votes. Now, it has decided to review its understanding in the analysis of the appeals presented by the defenses.

In his votes, the minister stated that his “previous understanding, although supported by the logic of urgency, incurred injustices that time and conscience no longer allow me to sustain”. The resources are analyzed in a virtual plenary in a vote that ends next Friday, 17th.

Fux’s position should not result in a change in the practical order for those convicted, because only two other ministers had originally adopted this position: Kassio Nunes Marques and André Mendonça. The vote on the defendants was held shortly after the coup acts in plenary, with 11 ministers present.

Of the ten cases, Fux voted for the total acquittal of seven defendants. They were people who were camped in front of the Army headquarters, in Brasília, and were convicted of incitement to crime and criminal association. The penalties imposed were one to two and a half years in prison.

In another three cases, the defendants were convicted of five crimes – including a coup d’état -, with a punishment of 13 years and six months. These people participated in the invasions of the headquarters of the Three Powers. For these defendants, Fux voted for partial acquittal, with conviction only for the crime of deteriorating listed property, with a sentence of one year and six months.