Overview
- Luiz Fux took part in his first ordinary session of the Supreme Court’s Second Chamber on November 11, receiving a formal welcome from Gilmar Mendes that spotlighted the colegiado’s defense of fundamental guarantees and criticized Lava Jato practices, including the ruling that deemed Sergio Moro suspect.
- The session docket featured three constitutional complaints, including two on the exclusion of female candidates in military entrance exams in Goiás and a dispute over state civil liability tied to respect for STF precedents.
- A heated exchange erupted when Dias Toffoli accused André Mendonça of misrepresenting his prior vote in a case involving a prosecutor’s interview, and the matter was halted after Nunes Marques requested more time to review.
- The Second Chamber now consists of Gilmar Mendes, Dias Toffoli, Nunes Marques, André Mendonça and Luiz Fux, and observers note Fux could influence outcomes in a group generally seen as more garantist, though his alignment is not yet clear.
- Fux had requested the transfer after isolation in ‘trama golpista’ votes, where he was alone in favoring Bolsonaro’s acquittal, and his arrival leaves unresolved whether he will retain the relatoria of Bolsonaro’s appeal, with analysts judging a reversal of the TSE decision unlikely.