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Luiz Fux, president of the Supreme Court, decided to score a hand goal, like Maradona in the quarter finals of the 1986 World Cup, six minutes into the second half, against England. The player declared that the hand was not his, but God’s. Cheater, but an ace. Four minutes later, he scored the second goal, this legitimate one, which disputes the place of the most beautiful in the history of football. Fux is not an ace.
What did the doctor do? He prepared for the administrative session on Wednesday an agenda with the following riddles:
1: Resumption of the discussions on the jurisdiction of the court;
2: Resumption of the points discussed in the Seventh Administrative Session, held on August 19, 2020.
Well, in item 1 the intention of the new president of the Chamber was hidden: to withdraw from classes and for the comprehensive prosecution of criminal actions. As those related to Lava Jato will come out, then, the Second Panel, where the operation has been defeated by due legal process, the press recorded the goal of the hand as a victory for Lavajatismo.
For real? I will get there. I remind the minister, before continuing, that hatred is a poison that the person takes in the hope that the other will die …
Fux is bitten because Bolsonaro decided to appoint Judge Kássio Nunes to the STF without consulting him, but in dialogue with Gilmar Mendes and Dias Toffoli – who, it is reiterated, did not serve as consultants. He simply communicated his choice to them. For the president of the court, it is true, there was no such deference.
Fux is friends with Lava Jato. On my blog and in the program “O É da Coisa” I published dialogues that Vaza Jato brought to the public that indicate this proximity. After having coffee with the minister, on April 22, 2016, Deltan Dallagnol mocked, in a message sent to his peers, the privacy that the minister gave him. He wrote: “The only thing left for him, as a good carioca, was to call me at his house, hahaha.”
He also revealed that Fux criticized Teori Zavaski, a colleague at the court. Very ethical, right? Dallagnol passed the jokes to Sergio Moro, who was none other than the Lava Jato judge. And received in response: “In Fux we trust” – “We trust Fux”. I’m republishing the post so you can remember the details.
It is very likely that Kássio, or someone else, if they manage to take him down, will go to Second Class. The still TRF-1 judge is seen as a guarantor, which means he is not inclined to endorse the illegal Lava Jato rig. Then came the goal hand as a rematch.
What will 11 decide now?
– the acceptance or not of all complaints, including those of Lava Jato;
– the trial of all the accused, including those of the operation.
What continues with the classes?
– the habeas corpus trial – therefore, Sergio Moro’s request for suspicion in the case of the Guarujá triplex, which concerns Lula, remains in the Second Panel;
– On Monday, the Rio deputy call continues against a special forum for Flávio Bolsonaro;
– all resources originating from lower levels continue with classes.
What was the justification for the republican appearance presented by Fux? Before the changes in the regulations of the special forum – taken by the STF against the Constitution, it must be said – there were 500 inquiries and 89 criminal actions in the courts. Now, they have been reduced, respectively, to 166 and 29. Therefore, the division of the criminal process between the two classes, decided in 2014, would no longer be justified.
I know: everything indicates that Fux, to take revenge on Bolsonaro, Mendes and Toffoli, shot himself in the foot and achieved the unsuccessful crossing of the cow with the donkey. The hybrid does not give milk or pull the car because:
– Even with the current composition, the plenary session has already applied defeats to Lava Jato; If Fux believes that Bolsonaro’s nominee will act against the task force, there is no guarantee that he will get the result he wants;
– increases the possibility of requesting a hearing on each vote by two, which will prolong trials;
– increases the workload of each cabinet; This also works against time;
– in 2014, contrary to my understanding, the STF declared that infringing embargoes persist if there are at least four absolute votes of the convicted defendant. And a new test is needed. And take your time! Note: Law 8,038, which regulates original criminal action, does not provide such an instrument, which is nevertheless found in the Internal Regulations of the STF, article 333.
Without paying attention, it is likely that, because of the consequences, embracing his resentment, Fux did not think about the consequences of his decision. A minister wanted to know if the processes already underway, with the rapporteur and reviewer defined in the classes, also migrate to full session. He said a generic “yes”. The confusion of the good ones arises.
It is likely that they will try to use virtual trials – those in which the minister registers his vote on the STF Intranet – as if they were gambiarras. Well, lawyers have a duty to take care of the rights of their clients. And there will be mobilization so that all trials are in person, even if they are done remotely.
It is worth remembering: MPs have already appealed to the Supreme Court against the class judgment. A Direct Action of Unconstitutionality was denied, say, unanimously, in a trial held between June 12 and 19 of this year, just four months ago. And Fux did not object. Yes, it is not unconstitutional, but the minister had the opportunity to express his disagreement there.
Now he installed a quizumba in the courtroom. But he must content himself with reading in the press that he imposed a defeat on Lava Jato’s enemies, who become friends with due process.
He took poison so that the others would die thinking that he had scored a goal from Maradona. The hybrid does not pull a car or give milk.
