Overview
- The motion came from the defense of Filipe Martins, who argued the principle of the natural judge justified Fux’s participation due to his role in related núcleos 1 and 4.
- Alexandre de Moraes ruled there is no legal or regimental basis for a minister from the Second Chamber to sit in the First Chamber.
- He wrote that a four-member panel of the First Chamber complies with constitutional guarantees, collegiality, and the natural judge principle.
- Justice Luiz Fux previously dissented in núcleos 1 and 4, questioning the organized-crime charge and urging a decline of STF competence or at least submission to the plenary.
- The núcleo 2 defendants include former security officials and aides accused by federal prosecutors of roles ranging from drafting a coup decree to omissions and operational planning linked to January 8, 2023.