Supreme Court Justice Fux Emerges as โPotential Ally for Bolsonaro in Coup plot Trial
Brasรญlia โ- A shift in strategy might potentially be brewing โinโ the case against โคformer Brazilian President Jair Bolsonaro โฃregarding โthe alleged โattempted coup, โฃas Supreme Court โJustice Luรญs fux has โขsignaled a willingness to consider the “absorption thesis,” โคoffering a potential path to reduced charges or penalties. This development has sparked hope among Bolsonaro’s supporters, who seeโ Fuxโ as โคa possible โคmoderating force within the court.
The “absorption thesis” argues thatโค some of the crimes Bolsonaro is accused of – including attempted โviolent abolition of theโฃ democratic Rule of Law and coup d’รฉtat – may fall under the โbroader charge of deterioration of heritage,perhapsโ lessening the severity of the overallโฃ conviction. Justice Fux isn’tโ aloneโ in considering this approach;โ Minister Luis Roberto Barroso, the current president of the Court, has also previously defended the thesis.
During the initial review of the complaint, Fux โvoiced concerns about โthe potential overlap of the charges related to crimes against democratic institutions. โฃ”It is possibleโค that, in the course ofโ instruction, it isโ concluded that there is โฃactually an apparent conflict that can be fitted โinto a certain kind that is broader than the other,” he stated at โฃthe time. While a conviction remains possible,this viewpoint could openโ theโค door to a lighter sentence.
Fux previously demonstrated this line of reasoning in the โcase of Dรฉbora Rodrigues dos Santos, a hairdresser who defacedโค the statueโข of “The Justice” in front of the Supreme Court. He divergedโ from Justice Alexandre de Moraes, voting to apply a sentence ofโค one year andโข six months forโข deterioration ofโฃ heritage, while acquitting her of more serious charges like attempted coup and violent abolition of the โคDemocratic Rule of Law.
Bolsonaro is currently accused of leading a criminal organization aimed at overturning the results of the โ2022 election. The charges include armed criminal association, attempted violent abolition of theโข Democratic Rule of Law, coup d’รฉtat, qualified damage, and deterioration ofโ listedโ heritage.
Hisโ legal teamโข maintains his innocence, arguing he did not โparticipate in any attempt to disrupt the democratic process. During his STF interrogation in June, Bolsonaro admitted discussing “alternatives” following his electoral defeat,โฃ but denied any โintent to instigateโข a coup. He claimed the proposals were ultimately abandonedโ due to a lackโฃ of support and โfeasibility, stating thereโ was no “climate,” “chance” and “minimally solid baseโ for anything.”
