STF states Fux will not participate in Bolsonaro’s appeal hearing

After the publication of the report, the STF confirmed that Fux will not participate in the hearing. According to the court’s press office, resolution 642/19 determines that the composition of the panel is defined on the day of the session. In practice, the appeal is treated as a new case, not a continuation of the previous one. Members of the court saw Fux’s participation as uncertain. According to a court member interviewed by UOL, he could request President of the STF, Edson Fachin, to vote in the appeal hearing. However, the internal assessment of the court is that the minister could only return to act in the First Turma in cases reported by him. UOL also questioned Fachin during an event at COP30 in Belém, but he chose not to comment. Fux changed panels after Luís Roberto Barroso’s retirement. If he does not participate, only four ministers will analyze Bolsonaro’s appeal starting tomorrow: Alexandre de Moraes, Cármen Lúcia, Cristiano Zanin, and Flávio Dino.