Fux opens sealed Bolsonaro-case files to scrutiny, without ruling on challenges

Fux opens sealed Bolsonaro-case files to scrutiny, without ruling on challenges
Justice Luiz Fux of Brazil’s Supreme Federal Court has directed the court’s judicial staff to give his office full electronic access to sealed proceedings involving former president Jair Bolsonaro and allies. The files include the fake-news and digital-militia inquiries, the investigation into an alleged coup attempt, and a case concerning allegedly falsified Covid-19 vaccination records.

The access order arises from a 2024 action by Progressistas (PP), which challenges decisions by Justice Alexandre de Moraes concerning the separate, confidential handling of facts tied to Operation Tempus Veritatis. PP argues that the procedure compromised safeguards including due process, the right to a defense, legal certainty and the designation of the proper judge. One account of the party’s position says it seeks annulment of evidence associated with the alleged coup-plot investigation.

Fux’s reasoning, however, is framed as a requirement for an informed review rather than an endorsement of PP’s claims. He said a judge assessing the constitutionality of a procedure cannot know less than the parties, particularly where lawyers have already been given access to documented material: “The Court cannot know less than the parties about what the Court does.” He also said the secrecy of an inquiry protects its effectiveness and the privacy of those investigated from outsiders, rather than preventing oversight by the court responsible for reviewing the challenged act.

That distinction is central to the competing interpretations. A social-media post described the development as an investigation into alleged irregularities by Moraes, accusing him of drawing cases involving political opponents into his docket. But accounts across the material stress that Fux has not suspended the inquiries, overturned convictions, invalidated evidence or reached a conclusion on PP’s allegations.

In his order, Fux explicitly said that granting access did not prejudge “the validity of the challenged act,” the court’s jurisdiction, connections between the cases, or even the admissibility of the action itself. The records are intended to supply the factual basis for those questions to be considered later.

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