Fux Urges Judiciary to Heed Public’s ‘Constitutional Sentiment’ After Move to STF’s Second Panel

Overview

• STF president Edson Fachin authorized Fux’s transfer from the First to the Second Panel on Oct. 22, reshaping which ministers will hear sensitive cases.
• Speaking in São Paulo on Oct. 24, Fux said rulings should reflect the “constitutional sentiment of the people,” stressing he did not mean opinion polls or fleeting passions.
• In the First Panel, Fux was the only vote to acquit Jair Bolsonaro, who received a 27-year sentence, a stance that contrasted with his prior convictions of hundreds tied to Jan. 8.
• After switching panels, Fux rebuked Gilmar Mendes, saying the decano can now comment on Second Panel votes without violating the magistrates’ statute.
• Fux advocated higher costs to access the courts to curb case volume, as the Senate approved 200 new STF positions, including 160 FC-6 commissioned roles in ministers’ offices.