Fux says Bolsonaro did not try to overthrow the government and that the former president was unaware of the plan to kill Lula, Alckmin, and Moraes.

247 - Minister Luiz Fux, of the Supreme Federal Court (STF), argued this Wednesday (10) that former president Jair Bolsonaro should not be convicted of the crime of attempting to depose the government. 

Fux argued, in an ironic tone, during the trial of the central core of the coup plot in the First Chamber of the Supreme Federal Court, that the problem is "semantic". 

"The actions taken by the defendant as president cannot constitute the crime of deposing the government. He himself would be the holder of the office he occupied. It remains outside the semantic limits," said Fux, when voting on Bolsonaro's role in the coup plot, who is a defendant in the case. 

The judge added that a conviction of this nature would be a "very dangerous precedent" for holding political agents accountable.

"Nor can one incite accusations of crimes committed by third parties on January 8th as a result of interviews given throughout the term," said Fux. 

The minister also mentioned the case of the event in Juiz de Fora in his vote.

Fux said that Bolsonaro was unaware of the plan to kill then-President-elect Luiz Inácio Lula da Silva, then-Vice President-elect Geraldo Alckmin, and Supreme Court Justice Alexandre de Moraes. "There is absolutely no evidence to suggest that Jair Bolsonaro was aware of the COPA 2022 group," he said. 

The judge emphasized the testimony of Bolsonaro's former aide, Mauro Cid, highlighting that, according to the military officer, Bolsonaro said he would not sign the coup-plotting document. 

In this regard, Fux said that the documentation served only for "speculation." "It can never be stated that there was an execution," he said, dismissing the commission of crimes by Bolsonaro. 

The minister said that Bolsonaro had no ties with those involved in the January 8 attacks.