BRASILIA (Reuters) – Brazilian Supreme Court Justice Luiz Fux called on Wednesday for the annulment of the case against former President Jair Bolsonaro’s due to what he called an “absolute lack of jurisdiction” for the five-judge panel hearing the case.
The high court still seems likely to convict Bolsonaro of plotting a coup to remain in power after he was voted out of office in 2022. Two judges have already voted to convict and the remaining two were appointed by leftist President Luiz Inacio Lula da Silva, who defeated Bolsonaro in the 2022 election.
The former president stands accused of taking part in an armed criminal organization, attempting to violently abolish democracy, organizing a coup, and damaging government property and protected cultural assets.
His lawyers have maintained his innocence on all counts.
Fux argued on Wednesday in the trial’s final deliberations that the case should have been heard by lower courts because Bolsonaro had left office.
“I vote … that the Supreme Court has no jurisdiction to judge this case because the defendants had already lost their (political) positions,” Fux said.
Once involved, he added, the full Supreme Court should have handled the trial rather than the five-judge panel, because it involves crimes committed while Bolsonaro was president.
(Reporting by Ricardo Brito; Writing by Isabel Teles; Editing by Brad Haynes)
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