Fux acknowledges injustices in January 8 judgments

Minister Luiz Fux, from the STF (Supreme Federal Court), stated on Tuesday (21) that he changed his position because he committed “injustices” in the trials of defendants related to the anti-democratic acts of January 8, 2023, when, in some cases, he voted to convict the accused. “My previous understanding, we judged many cases, although supported by the logic of urgency, incurred injustices that time and conscience no longer allowed me to sustain,” the minister began in his statement. Fux’s statement occurred during the vote on nucleus 4, considered the disinformation group, in the case regarding the attempted coup after the 2022 elections. The minister indicated that he will absolve the defendants of the crimes of attempted coup, abolition, and criminal organization and the damages committed on January 8. In his vote, Fux detailed that the typicity of the crimes applied to the defendants of January 8 (the same as those of the coup plot) should not be applied to the defendants already convicted. “My realignment does not imply a lack of purpose, but firmness in defending the Rule of Law,” he said. The minister also stated that there is no “demerit” for a judge in changing positions when recognizing “one’s own mistake.” “The judge should not seek consistency in error,” he added. Fux was the only minister from the First Panel to vote to acquit, for the most part, the defendants of nucleus 4 of the coup plot, which includes former President Jair Bolsonaro (PL).