Fux requests access to the Fake News inquiry and other investigations involving Bolsonaro

What access did Justice Luiz Fux authorize for his office?

Fux authorized the technical area of the Supreme Federal Court to let his office access documents from three major investigations. They include the Fake News Inquiry, the investigation into digital militias, and the investigation into the alleged coup plot during Bolsonaro’s government. The decision responds to a lawsuit filed by Progressistas in 2024.

The access does not itself overturn the investigations. It allows Fux’s office to examine records and evaluate the party’s arguments. Progressistas questions the proceedings’ compliance with due process and legal certainty. It also challenges Moraes’s selection as rapporteur and points to hundreds of confidential decisions and orders.

Fux noted that some material is no longer secret and has already been given to lawyers involved in the cases. He argued that a Supreme Court justice deciding on constitutionality should not know less than the parties. The review could clarify how the investigations were conducted.

What is Brazil’s Fake News Inquiry, also known as Inquiry 4781?

Brazil’s Fake News Inquiry is officially called Inquiry 4781. It began in response to alleged slanderous accusations, false news reports, and threats directed at members of the Supreme Federal Court. Its importance comes from the broad attempt to investigate coordinated attacks against the Court and its members.

As rapporteur, Alexandre de Moraes pursued the theory that an organized group was attacking the Supreme Court online, spreading fake news, and making threats. The group was called the “Gabinete do Ódio,” or “Office of Hate.” The article says it was allegedly connected to President Jair Bolsonaro.

Bolsonaro was later included in the inquiry after statements he made about electronic voting machines. Former Supreme Court Justice Marco Aurélio criticized the investigation as the “Inquiry of the End of the World” and said it caused legal instability. The inquiry’s methods remain part of Progressistas’ challenge.

How many major investigations are covered by Fux’s order, and what does each concern?

Fux’s order covers three major investigations. The first is the Fake News Inquiry, which concerns alleged slanderous accusations, false news, and threats against Supreme Court members. The second concerns digital militias. The third examines the alleged coup plot during Bolsonaro’s government.

The order matters because Fux’s office will be able to compare the investigations’ documents with the constitutional objections raised by Progressistas. The party questions due process, legal certainty, and Moraes’s role as rapporteur. It also points to hundreds of confidential decisions and orders made over the years.

The article does not describe every allegation or procedural step in the digital-militias and coup-plot investigations. It does establish that all three are included in the access authorized by Fux. Reviewing their records may help him assess whether the proceedings were conducted constitutionally, although the article does not state what conclusion he will reach.

Why did the Progressistas party ask the court to examine how these investigations were conducted?

Progressistas asked the Court to examine how the investigations were conducted because it argues that they may violate constitutional principles. The party specifically cites due process and legal certainty. These principles matter because investigations must follow recognized legal procedures and provide predictable safeguards for those involved.

The party also questions Alexandre de Moraes’s selection as rapporteur in the cases. It points to hundreds of confidential decisions and orders issued over the years. According to the article, Progressistas believes that examining the proceedings’ structure and records is necessary to assess whether the investigations were properly conducted.

Fux’s authorization gives his office access to the documents needed to evaluate those claims. Some material has already lost its confidential status and was made available to lawyers involved in the cases. The article does not say that Progressistas’ arguments have been accepted. It says only that Fux allowed the review.

What could happen as a result of Fux reviewing the investigation documents?

Fux’s review could influence how the Court evaluates the constitutional validity of the investigations. Progressistas argues that the proceedings may breach due process and legal certainty. By examining the records, Fux’s office can assess whether those claims are supported by the way the cases were handled.

The key mechanism is document access. Fux authorized his office to consult records from the Fake News Inquiry, the digital-militias investigation, and the investigation into the alleged coup plot. The review can include confidential decisions and orders, as well as material already disclosed to lawyers. Fux says a justice should not know less than the parties.

The article does not state that the investigations will be canceled, changed, or declared unconstitutional. It only establishes that Fux can study the documents. The next implication is an internal assessment of the party’s arguments, potentially informing later judicial decisions about the proceedings’ constitutionality.

Why has Alexandre de Moraes’s role as rapporteur, or reporting judge, in these cases been controversial?

Alexandre de Moraes’s role became controversial because Progressistas questions his selection as rapporteur in the investigations. The article also reports criticism that the Court itself initiated the Fake News Inquiry and that a justice connected to the alleged victim helped choose the rapporteur. These concerns focus on impartiality and institutional roles.

Former Supreme Court Justice Marco Aurélio criticized the arrangement in an interview with Roda Viva. He objected to the fact that the alleged victim, identified in the article as Justice Dias Toffoli, initiated the inquiry and selected Moraes as rapporteur. Moraes then conducted the investigation based on the theory of an organized group attacking the Court online.

Marco Aurélio called the case the “Inquiry of the End of the World” and accused it of creating legal instability. The article presents these as criticisms, not as a final judicial finding. Fux’s access now allows his office to examine the records and assess the constitutional arguments surrounding the proceedings.

What do due process and legal certainty mean in a constitutional democracy?

Due process and legal certainty are constitutional safeguards. Due process means that authorities must follow fair, established procedures when investigating or deciding matters that affect people. It generally includes notice, an opportunity to respond, and decision-making by a legally authorized institution. Legal certainty means that rules and official actions should be sufficiently stable and predictable.

These principles matter because government power must operate within known limits. In the article, Progressistas invokes them while challenging the way several investigations were conducted. The party questions confidential decisions, orders, and the choice of Moraes as rapporteur. Those issues could affect whether participants can understand the process and defend themselves effectively.

The article does not provide a court ruling defining either principle in these cases. It says Fux authorized access so his office can assess the constitutional arguments. In a democracy, that review can help determine whether investigative methods and institutional roles matched constitutional requirements, but no final conclusion is reported.

Key Facts:

📌 Fux authorized his office to access three major investigations.

📌 Some documents are no longer confidential.

📌 The decision responds to a Progressistas lawsuit filed in 2024.

📌 Inquiry 4781 began over alleged slander, fake news, and threats.

📌 Moraes investigated an alleged organized group attacking the Supreme Court.

📌 Bolsonaro entered the inquiry after statements about electronic voting machines.

📌 Fux’s order covers three major investigations.