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Luiz Fux

Luiz Fux
Justice of the Supreme Federal Court
Assumed office
3 March 2011
Appointed byDilma Rousseff
Preceded byEros Grau
President of the Supreme Federal Court
In office
10 September 2020 – 12 September 2022
Vice PresidentRosa Weber
Preceded byDias Toffoli
Succeeded byRosa Weber
Personal details
Born (1953-04-26) 26 April 1953 (age 71)
Rio de Janeiro, Brazil
SpouseEliane Fux
ChildrenMarianna
Rodrigo
Alma materState University of Rio de Janeiro
Other judicial positions

Luiz Fux (Portuguese pronunciation: [luˈis ˈfuks]; born 26 April 1953) is a Brazilian judge and the former Chief Justice of the Supreme Federal Court. He is of Romanian Jewish descent, and the first Jewish Brazilian member of the Court.[1] He was previously a minister of the Superior Court of Justice before assuming his position at the Supreme Court.

After graduating from the law school of the then-State University of Guanabara (now State University of Rio de Janeiro) in 1976, Fux first served as an in-house counsel for Shell Brasil Petróleo Ltda. until 1978. From 1978 until 1982 he served as a prosecutor for the Public Prosecutor's Office of the State of Rio de Janeiro [pt].

In 1983, Fux shifted his career to the Judiciary of the State of Rio de Janeiro as a judge of law, having achieved first position overall in the competitive bar examination. He was promoted by merit to the position of judge of law of the Entrância Especial, having been holder of the 9th Civil Court of the State of Rio de Janeiro. He served as electoral judge in the 13th Electoral Zone and 25th Electoral Zone in Rio de Janeiro. He was later promoted by merit to the position of judge of the Court of Jurisdiction of the State of Rio de Janeiro.

In 1997, Fux was promoted to Magistrate of the Court of Justice of the State of Rio de Janeiro [pt], where he remained until 2001.

Career in the STJ

In 2001, Fux was chosen by then-President Fernando Henrique Cardoso to occupy the position of Justice (ministro) of the Superior Court of Justice (STJ) as the third judge of the Courts of Justice, in a vacancy left by Justice Hélio Mosimann [pt], who had retired. He was sworn in on 29 October 2001.[2]

In 2003, Luiz Fux was the rapporteur of the trial in the Superior Court of Justice that legalised Tele Sena, reversing the decision of the Federal Court of the 3rd Region.[3] In March 2005, Fux was admitted by President Luiz Inácio Lula da Silva to the Order of Military Merit in the degree of Special Commander.[4]

Career in the STF and TSE

Fux was appointed as a Justice of the Supreme Federal Court (STF) by President Dilma Rousseff on 1 February 2011 to fill a vacancy left by the retirement of Justice Eros Grau [pt] in August 2010, and had his nomination approved by the Senate nine days later. He took up his position in the STF on 3 March 2011. On 23 March 2011, Fux gave the decisive vote rendering the Lei da Ficha Limpa unconstitutional in its applicability to the 2010 Brazilian general election.[5]

In an interview with Folha de S.Paulo on 2 December 2012, Fux revealed details of the lobbying effort that preceded his nomination to the Supreme Court by President Dilma Rousseff. Among his requests for political support, he included José Dirceu, Chief of Staff of President Lula, still an influential figure in the ruling Workers Party (PT), even after being accused in the Mensalão scandal. In several meetings, they discussed the forthcoming criminal trial in the Supreme Court, and decided the fate of those indicted in that corruption scandal. José Dirceu interpreted the conversations as a promise of acquittal by would-be justice. Once a member of the court, Justice Fux sided with the majority, voting to condemn most defendants, including José Dirceu himself.[6]

Fux has also served as a member of the Superior Electoral Court (TSE) since 2014, and has also served as the TSE's vice-president from 2016 to 2017 and president in 2018.

Personal life

Fux has practiced Brazilian Jiu-Jitsu since the age of 26 and is currently an 8th degree white and red belt.[7]

References

  1. ^ "Brazil's highest court names first Jewish justice". Jewish Telegraph Agency. February 10, 2011. Retrieved February 10, 2011.
  2. ^ "Ata da Sessão Solene do Plenário Realizada no dia 9 de novembro de 2001" (PDF). STJ. Retrieved February 6, 2022.
  3. ^ "STJ reconhece legalidade da Telesena". Boletim de Notícias Lotéricas. Archived from the original on February 11, 2017. Retrieved February 9, 2017.
  4. ^ Decreto. Brasil. March 22, 2005.
  5. ^ "Art. 16". Constituição brasileira de 1988 (in Portuguese).
  6. ^ Bergamo, Mônica (December 2, 2012). "Em campanha para o STF, Luiz Fux procurou José Dirceu". Folha de S.Paulo (in Portuguese). Retrieved December 10, 2012.
  7. ^ Carvalho, Rosiene (October 19, 2019). "Ministro Luiz Fux recebe faixa vermelha e branca do jiu-jitsu". UOL Notícias (in Brazilian Portuguese). Retrieved May 27, 2020.
Legal offices
Preceded by
Hélio Mosimann
Justice of the Superior Court of Justice
2001–2011
Succeeded by
Marco Aurélio Bellizze
Preceded by
Eros Grau
Justice of the Supreme Federal Court
2011–present
Incumbent
Preceded by President of the Superior Electoral Court
2018
Succeeded by
Preceded by President of the Supreme Federal Court
2020–2022
Succeeded by