On March 25, 2025, Minister Luiz Fux diverged from the other ministers of the First Group of the Supreme Federal Court (STF), advocating that the complaint lodged by the Attorney General of the Republic (PGR) against former President Jair Bolsonaro and his allies for an alleged coup d'état should not be decided by a subgroup but should instead be brought before the entire bench of 11 ministers. Fux argued that the sheer gravity and institutional ramifications of the case necessitate a full court review to provide the "greater authority and institutional legitimacy" that such a significant matter requires.
Fux pushed back against the prevailing sentiment within the First Group, which at a 4-1 majority opted to keep the case in their hands. Colleagues Alexandre de Moraes, Cármen Lúcia, Cristiano Zanin, and Flávio Dino all sided against Fux, ostensibly believing that the matter could be adequately handled by their smaller assembly. During the session, which had started earlier that day, the First Group began hearing arguments about whether to accept the allegations made against Bolsonaro and seven others involved in the coup plot after the 2022 elections.
"This matter is not so peaceful; it’s been changed and re-changed many times," declared Fux, highlighting the complexity and high stakes involved in judging those who occupy or formerly occupied significant public offices. His insistence on this being a full plenary session stemmed from concerns that mixed judgments could lead to inconsistencies in rendering justice.
The debate about jurisdiction hinged on concerns voiced by the defense team, which contended that the First Group lacked the necessary jurisdiction under the new regulations instituted in December 2023. Thus far, the ministers have been tasked not only with deciding the issue of competence but have also tackled broader questions, such as the validity of the collaboration agreements made by figures close to Bolsonaro, including former aide Mauro Cid.
As a seasoned jurist, Fux’s stance signified a notable counterbalance to Moraes, who had taken the lead on the case and whose perspectives have largely shaped its trajectory thus far. As the day progressed, Fux articulated his belief that the plenary ought to adjudicate whether Bolsonaro—a former president after all—and others involved should face these serious allegations, maintaining that the discussions were critical for the integrity of Brazil’s democratic structure.
The First Group’s consideration included whether certain members should recuse themselves from these proceedings, given their connection to the cases at hand. Fux highlighted this concern saying, "Are we judging those who no longer fulfill public roles, or those holding such prerogatives?" It is essential the right protocols are in place to maintain the democratic process, particularly when it involves potential penalties against individuals who once headed the nation’s governance.
Factors leading to this moment stem from concerns expressed throughout Brazilian society regarding the potential threat to democracy posed by the actions of these high-profile political figures. They stirred public sentiment following the 2022 elections when protests erupted, as pro-Bolsonaro factions refused to accept the electoral outcomes. The charges against Bolsonaro and his associates reflect growing unease about the fragility of democratic institutions amid political turbulence.
The examination of the coup attempt has become a litmus test not only for Bolsonaro but for the robustness of the institutions that are meant to uphold law and order in the nation’s society. Brazilian citizens are watching closely, feeling the weight of these potential decisions and their implications for the future of their democracy.
The First Group is expected to conclude its judgment on March 26. As the judicial process unfolds, stakeholders, including government officials, political analysts, and the general public, are poised to see if Brazil’s highest court can address these significant allegations without further fracture to its political landscape.
