Breaking from colleagues, judge votes for annulment in Bolsonaro trial

"Fux argued on Wednesday in the trial's final deliberations that the case should have been heard by lower courts because Bolsonaro had left office. I vote that the Supreme Court has no jurisdiction to judge this case because the defendants had already lost their [political] positions, Fux said. Once involved, he added, the full Supreme Court should have handled the trial rather than the five-judge panel, because it involves crimes committed while Bolsonaro was president."

"Fux also said the defence was not given enough time to prepare their case, noting that the investigation generated around 70 terabytes of documents, which he called a tsunami of data and document dumping. I'm not an expert in this area, but the volume reached 70 terabytes I couldn't believe it, because that's billions of pages. Yet it was only on April 30, 2025, that a decision was issued granting access to the media and materials seized during the investiga"

"The high court still seems likely to convict Bolsonaro: Two judges have already voted to convict, and the remaining two were appointed by leftist President Luiz Inacio Lula da Silva, who defeated Bolsonaro. The former president stands accused of taking part in an armed criminal organisation, attempting to violently abolish democracy, organising a coup, and damaging government property and protected cultural assets. His lawyers have maintained his innocence on all counts."

Justice Luiz Fux called for annulment of the case against former President Jair Bolsonaro, asserting the five-judge panel lacked jurisdiction since Bolsonaro had left office. Fux said the full Supreme Court should have heard matters involving alleged crimes committed while Bolsonaro was president. Two judges have already voted to convict and the remaining two were appointed by President Lula, keeping conviction likely. Bolsonaro faces charges including joining an armed criminal organization, attempting to abolish democracy violently, organizing a coup, and damaging government and cultural property. Defense counsel deny all charges. Fux also criticized inadequate defense preparation amid roughly 70 terabytes of evidence and delayed access to seized materials.

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