Coup plot: Fux decides to acquit Anderson Torres of all charges.

André Richter - Reporter for Agência Brasil

Minister Luiz Fux, of the Supreme Federal Court (STF), voted this Wednesday (10) for the acquittal of former Justice Minister Anderson Torres (photo), one of the defendants in the crucial core of the attempted coup d'état that occurred in the government of former President Jair Bolsonaro.

Based on the minister's statement, Torres should not be convicted of the crimes of armed criminal organization, attempted violent abolition of the Democratic Rule of Law, coup d'état, aggravated damage through violence and serious threat, and deterioration of listed heritage. The sentence could reach 30 years in prison.

Despite Fux's understanding, the score for the conviction of Torres, Bolsonaro and five other defendants is 2 votes to 1. The votes for conviction were cast yesterday (9) by ministers Alexandre de Moraes and Flávio Dino.

During the investigations, the Federal Police (PF) found in Torres's house the document called "draft of the coup".

According to Fux, the former minister had no close ties to the military, and there is no evidence that he would have joined the attempted coup.

"There is no document, image, or video showing that the defendant planned to abolish the democratic rule of law," the minister stated.

The former minister was also accused by the Attorney General's Office (PGR) of being absent from the Federal District during the coup attempts of January 8th. On the day of the attacks, he held the position of Secretary of Security for the Federal District, but was on vacation in the United States.

According to Fux, Torres had given prior notice to the governor of the Federal District, Ibaneis Rocha, that he would be on vacation, and furthermore, the responsibility for policing lay with the commander of the Military Police, not with the then-secretary.

"There was no planned omission," he said.

Fux also refuted the accusation that Torres, while Minister of Justice, ordered special operations by the Federal Highway Police (PRF) to block the movement of President Lula's voters in the Northeast during the second round of the 2022 elections.

"There is no concrete evidence of any targeting aimed at voters of the current president," he added.

The minister continues his vote, which has already lasted 12 hours.

Who are the defendants?

• Jair Bolsonaro – former President of the Republic;
• Alexandre Ramagem - former director of the Brazilian Intelligence Agency (Abin);
• Almir Garnier - former commander of the Navy;
• Anderson Torres - former Minister of Justice and former Secretary of Security of the Federal District;
• Augusto Heleno - former Minister of the Institutional Security Cabinet (GSI);
• Paulo Sérgio Nogueira - former Minister of Defense;
• Walter Braga Netto - former minister under Bolsonaro and candidate for vice-president on the 2022 ticket;
• Mauro Cid – Bolsonaro’s former aide-de-camp.