Fux seeks to leave STF panel that judged coup plot

Minister Luiz Fux asked the presidency of the STF (Supreme Federal Court) to be transferred from the First Panel of the court to the Second Panel. The move, if authorized, should remove Fux from the upcoming stages of the coup plot trial. The transfer of ministers between the collegiate bodies is provided for in Article 19 of the Supreme Court’s internal regulations. As Fux is the most senior minister in the First Panel, his request takes precedence. The change is made possible by the early retirement of Minister Luís Roberto Barroso. He officially left the court on Saturday (18). The former president’s departure opened up a spot in the Second Panel — known for its more libertarian positions in criminal trials. Four Supreme Court members confirmed to Folha that the request is being processed in the court and will be analyzed by the STF president, Edson Fachin. The change comes amid growing tensions between the minister and Supreme Court colleagues. Last Wednesday (15), Gilmar Mendes and Fux argued during the trial break. The dean criticized the colleague’s vote in the trial against Bolsonaro in the coup plot, while Fux complained that he has been the target of derogatory comments. The vacancy on the Second Panel would be filled by President Lula’s (PT) nominee for Barroso’s seat. The Chief Minister of the AGU (Attorney General’s Office), Jorge Messias, is the most likely candidate. The PT member decided to confirm the name for the Supreme Court upon his return from Asia, next week. There is an interpretation from some Supreme Court members that, even outside the First Panel, Fux has the right to finalize the trials of criminal cases in which he has voted to accept the charges. In theory, this interpretation of the regulations would allow him to continue in the coup plot trials. The trend, according to reports, would be for Fux to be removed from trials related to the coup plot and the attacks on the branches of power on January 8, examined in the First Panel. Fux is isolated in the trials concerning the attempted coup in the First Panel. He was the only one who voted to acquit Bolsonaro and, this Tuesday, to absolve the defendants in the misinformation core of the coup plot. He began his vote on Tuesday by defending his change of position in the trials on attacks against democracy. “Sometimes, in moments of national commotion, the lenses of justice are clouded by the symbolic weight of events and the urgency to provide a quick response to contain political and social instability. In those times, hastiness masquerades as prudence and rigor is confused with firmness,” he said. Fux said he was convinced of his change after judging several charges supported by a sense of urgency. “judicial humility is a virtue that, even when belated, saves the law from petrification and prevents justice from becoming an accomplice to injustice,” he concluded. The Second Panel of the Supreme Court is composed of Ministers Gilmar Mendes (president), Dias Toffoli, André Mendonça, and Nunes Marques. The First Panel includes Flávio Dino (president), Cármen Lúcia, Luiz Fux, Alexandre de Moraes, and Cristiano Zanin.