Nassif: What would lead Fux to start a war with Congress?
According to journalist Luís Nassif, behind the annulment of the 10 anti-corruption measures, seen as an affront to the independence of Congress, may lie "Fux's vulnerable position after the latest Lava Jato raids in Rio de Janeiro"; "Fux was a Minister appointed by the Sérgio Cabral Filho scheme. Lula himself admitted that the greatest pressure he received was from lawyer Adriana Ancelmo, Cabral's wife, at the time the all-powerful first lady of the state, now detained in the Bangu penitentiary," says Nassif; "He runs the risk of being affected by some leak from the operation that arrested Cabral and Adriana, a loose phrase, a name in the agenda that, even if it doesn't constitute any crime, could be used to target him."
By Luís Nassif, from GGN newspaper - They say that Minister Luiz Fux has great personal courage. A jiu-jitsu fighter, he once immobilized a robber who broke into his apartment. The chronicles of the time do not describe the robber's physical build.
In the Supreme Court, however, Fux only attacks when he senses that his opponent is down or immobilized.
That's how it was in the final phase of the "mensalão" scandal. With Congress on its knees, he granted an absurd injunction to Governor Sérgio Cabral Filho, ordering the entire agenda of the Chamber to be blocked so that a law that would change the distribution of the ICMS tax on oil could not be voted on. To this day, the law has not been voted on.
He was also responsible for requesting to review a case questioning the constitutionality of salary supplements that inflated judges' salaries. The case remains in his drawer to this day.
After the cathartic moments, his performance at the Supreme Court has been timid. Since the story of "taking the blame" leaked – the promise he made to hold back the Mensalão cases if appointed Minister of the Supreme Court – he has not exposed himself on more sensitive issues, avoiding major protagonism, especially in matters of greater repercussion.
What, then, would lead him to ignite a war with Congress with this bizarre decision to dictate to the Chamber how it should vote on laws, demanding that it fully reinstate the content of the 10 Measures sent by the Federal Public Prosecutor's Office?
According to legal experts consulted by the media, the argument invoked is extravagant. Fux says that an amendment that has undergone popular voting cannot be altered. It can, and there are numerous precedents. Minister Gilmar Mendes, who claims for himself a monopoly on impartiality, labeled Fux's decision as the AI-5 of Congress.
Behind this affront to the independence of Congress may lie Fux's vulnerable position, following the latest Lava Jato investigations in Rio de Janeiro.
Fux was a Minister appointed by the Sérgio Cabral Filho scheme. Lula himself admitted that the greatest pressure he received was from the lawyer Adriana Ancelmo, Cabral's wife, at the time the all-powerful first lady of the state, now detained in the Bangu penitentiary. His campaign was paved by the group of lobbyists who always orbited around Cabral, with dinners and events to which jurists with supposed influence over Lula and Dilma were invited.
He used his position to pressure the Brazilian Bar Association, Rio de Janeiro chapter, to vote for his daughter Marianna Fux, just 32 years old, for the 5th Constitutional seat on the Rio de Janeiro Court of Justice.
According to a report in Piauí magazine (https://goo.gl/ivIQ89It was an intimidating campaign by a Minister who had hundreds of cases of interest to Rio de Janeiro lawyers in his hands. He used this to pressure several lawyers to vote for his daughter, personally calling them. The position required ten years of prior experience from candidates. Marianna's experience consisted of research work at the office of Sérgio Bermudez, the super-lawyer who, at Fux's inauguration, offered a mega-dinner in his honor.
Fux belongs to the influential group of Luiz Zveiter, the controversial former president of the TJ-RJ (Rio de Janeiro State Court of Justice), who was one of Marianna's main campaign supporters. Zveiter has five cases pending before the CNJ (National Council of Justice) and only one conviction. In the recent past, a prosecutor was convicted by the TJ-RJ for investigating Zveiter (https://goo.gl/NkLstF).
In September 2014, the Rio de Janeiro Court of Justice (TJ-RJ) changed the requirements to allow Zveiter's reelection. The National Council of Justice (CNJ) itself condemned the change. But Fux granted an injunction that allowed Zveiter to run – and be defeated.https://goo.gl/cxjXCl).
This year Zveiter ran again and was elected. But last week the case was finally judged by the Supreme Federal Court (STF). Zveiter was defeated 7-3. Among the three votes in favor of Zveiter was that of the indefatigable Luiz Fux.
Given this history, he runs the risk of being affected by some leak from the operation that arrested Cabral and Adriana—a stray phrase, a name in the agenda that, even if it doesn't constitute a crime, could be used to target him.