Lula does not appoint a new boss and DPU sees government neglect – 05/02/2023 – Politics

Without a boss since January, public defenders of the Union point to President Luiz Inácio Lula da Silva’s (PT) career neglect and complain about the interruption in the body’s long-term planning.

At the end of last year, the government managed to stop the former federal general public defender, Daniel Macedo, from being reappointed for another two years by former president Jair Bolsonaro (PL).

The nomination was officially withdrawn on January 31 and, since then, the DPU (Defensoria Pública da União) has been on hold, while the government tries to shield itself from possible Bolsonarists.

According to reports, the Minister of Justice, Flávio Dino, even joked about the delay, saying that the history of the DPU is similar to that of Janete Clair’s novels, which are generally long.

Members of the Lula government say that there are still doubts in the government about which name should be nominated. Privately, aides try to play down criticism of the delay, saying that the president himself wants to speak with the candidates before making a decision.

Seen by the Planalto Palace as sympathetic to the Bolsonaro government, Macedo, who is evangelical, has been campaigning since last year to convince the government and grassroots senators that he is not a Bolsonarist.

He received 507 votes and ranked first on the triple list drawn up by career insiders. Former president of Anadef (National Association of Federal Public Defenders), Igor Roque came in second, with 290 votes; and Leonardo Gonçalves in third, with 277.

Despite Macedo heading the list —made before Lula’s victory—, the government has indicated a preference for the other candidates. In addition to having his nomination withdrawn, Maced was the only one who did not speak personally with Dino at the Ministry of Justice.

Even with the unofficial justifications of the Planalto Palace, public defenders claim that the government has not given any explanation for the institution, and speculate that the acephaly would never happen in the Federal Public Ministry.

Members of the career affirm, with reservation, that the situation is even more revolting because the DPU’s agenda coincides with that of the Lula government, and resort to a speech by the president to say that “including the poor in the budget” is also giving him advice free legal.

Complaints increased after the government reportedly canceled at least six meetings on the proposed fiscal framework.

Union public defenders have been trying to draw the attention of the Ministry of Finance to a constitutional amendment from 2014 providing for the internalization of the Public Defender’s Office until last year. Today, less than 30% of the territory has the agency’s presence.

The president of Anadef, Eduardo Kassuga, claims that the DPU is experiencing a kind of “standard operation”. He says that the interim ones end up paralyzed because they cannot run the risk of drawing up an action plan that is later incompatible with the one chosen by Lula.

“[Estamos] with normal assistance, except that the absence of the general public defender completely undermines the definition of a national action, itinerant plans and institutional missions related to traditional communities, quilombolas, indigenous people, riverside communities, migrants and refugees”, he says.

“And it also jeopardizes the definition of a national policy. For example: defenders of collective guardianship should focus on the issue of severe heart disease in children and newborns. Such actions are defined based on the action plan.”

While Lula does not decide, the three candidates on the list live a war of reputations and seek support inside and outside the government.

Marco Aurélio de Carvalho, coordinator of Grupo Prerogativas, which has lawyers aligned with the Planalto, says that the group will support any name indicated by the president for the justice system as a whole.

However, there are two exceptions in which the group declares public support: Igor Roque for the Public Defender of the Union and Daniela Teixeira for the STJ (Superior Court of Justice).

“There is a consensus of all defenders linked to the group, among progressive lawyers, that Igor is the one who best represents our feelings, that he wants to guarantee broad access to Justice, keep the Defender’s Office at a high level of service provision” , said Carvalho.

Daniel Macedo received formal support from movements such as the National LGBTI Alliance, the Fight for Housing Front, the Homeless Movement for Urban Reform and the Brazilian Basic Income Network.

Leonardo Magalhães has the support of indigenous movements, quilombolas and associations of trans people.

While a new general defender is not appointed, the portfolio is being commanded by the acting federal general public defender, Fernando Mauro Junior. According to people heard by the report, Daniel Macedo advises the acting defender.

Sought after by the report, Macedo said that President Lula “will make a wise choice that mirrors his career aspirations”.

“As defender general, I led the institution as it was my dream to lead: in a republican way, without favoritism, collegiality, with a transparent and ethical administration that determined the highest number of votes in the history of the DPU for a candidate”, he said.

Roque, on the other hand, appealed to the government to resolve the issue of the Ombudsman’s Office because the institution is stuck with the lack of definition.

“We have a necessary internalization and decision-making process to take the Ombudsman where there is no Ombudsman. We have been there for four months [assim]. Even more so in a government where our agenda coincides a lot with his agenda. Every day we lose is a loss of opportunity to contribute to the government and serve the needy population “, he declared.

Gonçalves said that the Ombudsman has the great challenge with the federal government of rebuilding public policies on human rights, combating poverty and social justice.

“I am certain that the Public Defender’s Office will be able to contribute to the progress of our country and that it is included in the government’s priority agenda”, he said.