Fux: Hope in Brazil’s Coup Trial – Explained
Summary of the text: Potential for Re-trial & Defense Strategies in Bolsonaro Case
This text details how Minister Fux’s dissenting vote in the current trial regarding Bolsonaro and others could open the door for a re-trial before the full Supreme Court plenary. Here’s a breakdown of the key points:
1. The “Infringing embargo” & Plenary Review:
Minister Fux’s divergent vote, mirroring the precedent set in the “mensalão” (monthly allowance) scandal case, could allow for an “infringing embargo.”
An infringing embargo is a type of appeal that allows for a reassessment of a unanimous decision by a larger body (the plenary of the Supreme Court).
Crucially,this requires at least two ministers too vote for acquittal to trigger the possibility of a plenary review.
2. Fux’s Reservations & Concerns:
Fux has expressed significant reservations about the testimony of Lieutenant Colonel Mauro Cid, a key collaborator in the case. He’s noted inconsistencies and the timing of Cid’s allegations.
He specifically reserved the right to evaluate the legality and effectiveness of cid’s successive allegations, suggesting he doesn’t fully trust the collaboration.
His defense of the principle of “voluntariness” in Cid’s testimony is being highlighted by the defense lawyers.
3. Defense Strategies:
Infringing Embargo: The defense is hoping Fux’s vote will be joined by another minister to trigger the possibility of a plenary review.
Crime Absorption: The defense is arguing that the charges of ”violent abolition of the Democratic Rule of Law” and “attempted coup” are overlapping and that, if convicted, only one of these charges should be applied (the one with the lower maximum penalty – 8 years).
Support for Crime Absorption: Minister luis Roberto Barroso, the current president of the Supreme Court, also supports the crime absorption thesis.
4. Fux’s Concerns During Complaint Acceptance:
Fux voiced concerns during the initial acceptance of the complaint, specifically regarding the reliability of Cid’s evolving testimony.
In essence, the text suggests the defense sees Minister Fux as a potential ally and is building its strategy around his expressed doubts and the possibility of securing a second vote for acquittal, which would allow for a broader review of the case by the full Supreme court.