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Brazil Supreme Court Justice Luiz Fux Reverses Votes for 10 Jan. 8 Defendants

The shift signals a reassessment of rush convictions from Brazil’s January 8 cases.

Overview

  • Fux voted in the appeals to fully acquit seven people and to narrow convictions for three others, saying his earlier rulings under urgency led to injustices.
  • The seven acquitted had camped outside the Army headquarters in Brasília and were previously found guilty of incitement and criminal association with sentences of one to two and a half years.
  • For three defendants who joined the invasions of Brazil’s presidency, Congress, and Supreme Court, he kept only the count of damage to protected heritage with a one year and six month sentence.
  • Voting runs through Friday, the 17th, in the Supreme Court’s virtual plenary, an online system where justices post written votes instead of holding a live hearing.
  • Fux had backed the original convictions, and only Kassio Nunes Marques and André Mendonça had taken a similar view before, which makes broad changes unlikely unless more justices switch.