Choosing STF minister based on political criteria expands judicial activism

When analyzing the political cost that leads President Lula to remain silent in relation to the ADPF 442 trial in the Federal Supreme Court, which could decriminalize abortion up to the 12th week, political scientist Felipe Rodrigues explains that, for now, he will not be charged for it. On the government’s base side, one of the reasons for this is that the STF has already positioned itself in favor of the main flags of its allies, sometimes with judicial activism, also due to the fact that the ministers’ choices are political, and not technical, which has often encouraged the Court to assume functions of the Legislative Branch.

Given the retirement of minister Rosa Weber, Lula will make a new appointment to the composition of the STF. The president said that criteria such as race and gender will not be taken into consideration when choosing the new minister, but that he will choose “a person who can meet Brazil’s interests and expectations.”

The latest nominations (not only from President Lula, but also from former presidents Bolsonaro, Temer and Dilma) began to be highly evaluated in the political field. “There is a notable legal knowledge of the appointed ministers, there is no doubt. But in most nominations, a programmatic and political criterion is much more important”, he highlights.

“This causes the Court to become more political, to enter more into controversial topics and even revisit opinions consolidated by the Court itself as governments succeed one another”, emphasizes Rodrigues. Appointments based on political alignment end up bringing together the agendas of the Executive and the Supreme Court. As a consequence, judicial activism gains more strength, as it opens up the STF to enter into responsibilities that are not its responsibility.