Video: Gilmar and Fux discuss in the STF about guarantee judge – 06/22/2023 – Power

Ministers Luiz Fux and Gilmar Mendes discussed this Thursday (22) during the session of the STF (Supreme Federal Court) that evaluates the creation of the so-called “judge of guarantees”, a figure established in the anti-crime package sanctioned by Jair Bolsonaro (PL) in 2019.

The conflict began while Fux was reading his vote. Gilmar asked for the floor to make an observation and said that it had been three years since the trial had been interrupted at the Supreme Court, referring to the Fux injunction that suspended the institution of the guarantees judge in 2020.

Only now has the issue been taken to the judgment of the court’s plenary. Fux countered and said that he had already explained the reasons for the decision not being taken to the collegiate before, but Gilmar continued. After the conversation, Dias Toffoli said he will ask for more time to analyze the model.

“No, it’s been explained, more than once, but it’s been interrupted. So we delayed its implementation a lot. We stopped this for three years! We stopped this for three years!”, said Gilmar.

Fux, on the other hand, stated that the analysis of the case was at a standstill because, according to him, it was necessary. “And we need to stop even more! […] The objective is to face the issues responsibly without making them media”, reiterated the magistrate.

Gilmar then stressed that the court needs to decide soon on the guarantees judge. “Is it constitutional or unconstitutional? We all have the minimum intelligence to be here,” he said.

Fux retorted and said that the topic was “exploited negatively in such a way” that he found himself responsible for exposing “the reasons” why he decided to suspend the guarantees judge in the country. In the end, he mocked Gilmar’s “sincerity”.

“And Your Excellency can expect my sincerity during the trial!”, replied Gilmar. Fux then stated that he was not afraid of sincerity, and said he would speak his own truth “until the end”.

Minutes after the exchange, Toffoli asked for the floor to announce that he would request a review (more analysis time) and suspend the trial. He pledged to return the process in the first week of August, after the recess of the Judiciary.

The trial, however, followed with Fux’s vote. Subsequently, other ministers may ask to anticipate the vote, if they wish, before the trial is suspended.

The guarantee judge was created in the anti-crime package, sanctioned by Bolsonaro in December 2019. The figure would be responsible for investigating the investigation, a stage in which evidence is produced and testimonies are collected. The sentence, however, would be given by another magistrate.

The model was elaborated in the wake of Vaza Jato and with the accusations of a “double” between the then judge Sergio Moro and the Federal Public Ministry. Today a senator for União Brasil, Moro was against the idea even after taking over the Ministry of Justice in the Bolsonaro government.