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Supreme Court Justice Fux Emerges as Potential Ally for Bolsonaro in Coup plot Trial
Brasília - A shift in strategy might potentially be brewing in the case against former Brazilian President Jair Bolsonaro regarding the alleged attempted coup, as Supreme Court Justice Luís fux has signaled a willingness to consider the “absorption thesis,” offering a potential path to reduced charges or penalties. This development has sparked hope among Bolsonaro’s supporters, who see Fux as a possible moderating force within the court.
The “absorption thesis” argues that some of the crimes Bolsonaro is accused of – including attempted violent abolition of the democratic Rule of Law and coup d’état – may fall under the broader charge of deterioration of heritage,perhaps lessening the severity of the overall conviction. Justice Fux isn’t alone in considering this approach; Minister Luis Roberto Barroso, the current president of the Court, has also previously defended the thesis.
During the initial review of the complaint, Fux voiced concerns about the potential overlap of the charges related to crimes against democratic institutions. ”It is possible that, in the course of instruction, it is concluded that there is actually an apparent conflict that can be fitted into a certain kind that is broader than the other,” he stated at the time. While a conviction remains possible,this viewpoint could open the door to a lighter sentence.
Fux previously demonstrated this line of reasoning in the case of Débora Rodrigues dos Santos, a hairdresser who defaced the statue of “The Justice” in front of the Supreme Court. He diverged from Justice Alexandre de Moraes, voting to apply a sentence of one year and six months for deterioration of heritage, while acquitting her of more serious charges like attempted coup and violent abolition of the Democratic Rule of Law.
Bolsonaro is currently accused of leading a criminal organization aimed at overturning the results of the 2022 election. The charges include armed criminal association, attempted violent abolition of the Democratic Rule of Law, coup d’état, qualified damage, and deterioration of listed heritage.
His legal team maintains his innocence, arguing he did not participate in any attempt to disrupt the democratic process. During his STF interrogation in June, Bolsonaro admitted discussing “alternatives” following his electoral defeat, but denied any intent to instigate a coup. He claimed the proposals were ultimately abandoned due to a lack of support and feasibility, stating there was no “climate,” “chance” and “minimally solid base for anything.”
