Dino and Gonet must be questioned in a superficial format – 12/10/2023 – Power

Minister Flávio Dino (PSB) and attorney Paulo Gonet, nominated respectively to the STF (Federal Supreme Court) and the PGR (Attorney General’s Office), must be heard by the Senate at the same time, next Wednesday (13) , in an unprecedented format for the positions.

Under the command of Davi Alcolumbre (União Brasil-AP), the joint hearing has been common in the CCJ (Constitution and Justice Commission), but had never been used for minister of the Supreme Court and attorney general of the Republic.

The model has helped to speed up the process and lower the temperature, minimizing the possibility of direct impacts. With this, it reinforces a common characteristic of the majority of hearings in the Legislature, that of superficiality and little inclination of parliamentarians to ask tougher questions to the nominees.

In this setup, Dino and Gonet must answer more than one question at once; senators, on the other hand, should have less time to speak.

Despite Dino’s combative political profile — which led to widespread discussions when he appeared before Chamber committees this year —, parliamentarians are committed to the tradition of a respectful climate without major hostilities.

Allies of the Minister of Justice also believe that he made a point of meeting with opposition figures who had already announced their vote against him, as a way of breaking the ice and ensuring that the hearing takes place without mockery or heated tempers.

The expectation is that the vote in the Senate plenary will take place on Wednesday or the following day. To be approved, candidates need the support of at least 41 of the 81 senators, in a secret vote.

The president of the CCJ was questioned by colleagues and advisors about Dino and Gonet’s simultaneous hearing. According to reports, he responded that he likes to do things that have never been done.

The president of the Senate, Rodrigo Pacheco (PSD-MG), even said privately that he would consider the format with Alcolumbre. Senators from the base also took him to the idea of ​​questioning Gonet one day and Dino the next, without success.

Even opposition senators minimize Alcolumbre’s decision with the argument that the Senate has little time until the parliamentary recess to consider and vote on all pending nominations.

The arrangement was used at the end of November during the hearing of the ten nominees for the CNJ (National Council of Justice) and the CNMP (National Council of the Public Ministry). The same happened in October with three nominees for the STJ (Superior Court of Justice).

The simultaneous hearing between nominees for the STF and the PGR, however, aroused specific criticism from senators, such as the leader of the Republicans, Mecias de Jesus (RR): “This is not good, it reduces the senators’ performance in the hearing. They changed thinking in this strategy.”

Senator Esperidião Amin (PP-SC) reinforces this opinion. “I think it will complicate and prolong. [Isso] could be contested. There’s a popular adage that would apply: ‘confuse, but don’t mix’,” he says.

Professor and director of FGV Direito SP, Oscar Vilhena states that the joint hearing aggravates limitations of a model that could have already been improved. He advocates that other sectors, such as academia, participate in questioning the authorities.

“With the increase in polarization, the hearings have become even more political, so much so that the degree of consensus has reduced in recent years”, says the professor, who is also a columnist for Sheet.

For Vilhena, the simultaneous hearing was the way found to guarantee the approval of Gonet and Dino. He points out that the two names have greater approval on different sides of the political spectrum, as the PGR candidate is considered conservative, while Dino had a political career in left-wing parties.

“This demonstrates that the Supreme Court has become more political. The appointment to minister has to be more strategic, and the assessment by the Senate is equally political and strategic. So the joint hearing is a consequence of the expansion of the importance of the Supreme Court in the Brazilian political system “, he says.

As a result, Vilhena states, the assessment of the conditions for assuming the position, which are notorious legal knowledge and unblemished reputation, “sometimes goes far from what the Senate should be doing”.

In the current composition of the Supreme Court, Minister Edson Fachin, appointed by then President Dilma Rousseff in 2015, was the one who faced the longest hearing: 12 hours. Chosen by Michel Temer in 2017, Alexandre de Moraes follows, with 11 hours at CCJ.

Fachin faced resistance due to his proximity to left-wing movements and for having declared his vote for Dilma in the 2010 elections.

The last time the Senate rejected names from the STF was in 1894, when it barred five chosen by the then president, Marshal Floriano Peixoto. The House has been evaluating names for the PGR since 1988 and has never barred a nominee from the position.

The Senate defined that there will be a concentrated effort between the next 11th and 15th to evaluate not only the name of Dino and Gonet, but also important measures for the Minister of Finance, Fernando Haddad (PT), such as the project that regulates sports betting.

President Lula held talks with the Senate leadership and STF ministers before nominating Dino and Gonet.

The PT member spoke with the president of the Senate and Alcolumbre, as well as Jaques Wagner (PT-BA), government leader in the Senate.

The idea was to measure the temperature regarding the acceptance of the two names in the Senate, in addition to defining a schedule for the nominees to be examined in the CCJ and approved in the House plenary by the end of the year.

If approved by the senators, Dino will replace minister Rosa Weber on the court, who retired at the end of September, days before turning 75, the maximum age to hold the position.

Gonet was appointed to the position opened with the end of Augusto Aras’ term, also at the end of September.

The management of the last head of the PGR is criticized for alleged leniency towards abuses by Jair Bolsonaro (PL) and the former president’s erratic response to the Covid-19 pandemic. Since Aras’s departure, the body has been temporarily commanded by Deputy Attorney General Elizeta Ramos.

Understand the analysis process

• Sabbath: Dino and Gonet need to be questioned by the Senate’s CCJ (Constitution and Justice Commission), made up of 27 senators. The session will be held next Wednesday (13).
• Voting in the CCJ: After the hearing, the 27 senators vote to decide whether to approve the name of Dino for the STF and Gonet for the PGR. To be approved, the nominee needs a simple majority of votes (half of those present plus one).
• Recommendation: the CCJ’s decision is only advisory; that is, a candidate’s name can be evaluated by the Senate plenary even if it has been rejected by the committee.
• Voting in the plenary: the CCJ’s opinion is sent to the plenary, where Dino and Gonet will need an absolute majority (41 of 81 senators) to be approved. The expectation is that this will occur on the 13th or the following day.
• Appointment: If the nominations are approved by the Senate plenary, it will be up to the President of the Republic to appoint them, by means of a decree.