Lula wants a PGR to call his own; check out the nominees

The dispute for the position of Attorney General of the Republic (PGR) remains open and marked by a dispute between the Workers’ Party and ministers of the Federal Supreme Court (STF) to nominate a candidate. In this context, Lula must choose a name who has little appetite for initiating investigative proceedings against the government, but who is willing to investigate former president Jair Bolsonaro (PL) and his allies.

The main candidates so far are Paulo Gonet, supported by STF ministers Gilmar Mendes and Alexandre de Moraes, Antonio Carlos Bigonha, the Workers’ Party’s favorite, and the so-called “third way”, Aurélio Virgílio Veiga Rios.

“The PGR is very weakened due to the activism of the STF, which is instituting a series of investigative processes that, in fact, the PGR should be taking the lead”, stated political scientist Adriano Cerqueira, from the Brazilian Market Institute of Capitals (Ibmec).

Even so, according to him, a more independent Attorney General of the Republic is still a “trauma” for the political world. Especially after former prosecutor Rodrigo Janot gave great support to the anti-corruption actions promoted by the Lava Jato operation.

“Already at the time of former president Fernando Henrique Cardoso, there was a PGR that often had a slightly more passive attitude towards a series of complaints that appeared. Lula, in his first two terms, in agreement with the prosecutors, allowed a certain autonomy in the appointment of these members. But he and the PT suffered a lot with the independence of the PGR, especially during the Lava Jato period”, said Cerqueira.

“The trauma that the political environment had with a more independent Attorney General’s Office meant that, during the Temer government, the nominations had a bias more favorable to the president”, he stated.

The PGR chosen by the former president Jair Bolsonaro (PL), Augusto Aras, was accused by the left of acting as the “general drawer” in the last government by rejecting requests for an investigation against the former president.

In the reading of members of Congress, Lula is looking for a name that can do the same in possible investigation requests. Lula’s statements on the subject hint at this trend:

“I have always had the deepest respect for the Public Ministry. It is one of the institutions that I idolized in this country. After this gang that [ex-procurador Deltan] Dallagnol rode, I lost a lot of confidence. I lost because it was a bunch of crazy people who thought they were going to take power, attacking everyone at the same time”, said Lula live at Palácio do Planalto, on August 1st.

STF actions made the Public Ministry lose importance

For political scientist Elton Gomes, professor at the Federal University of Piauí (UFPI), the appointment of the new PGR takes place in a context in which the MPF itself has lost strength.

“The choice of the PGR is a strategic decision, it is very important for the President of the Republic, because, ultimately, it is the PGR that presents complaints against the president and government authorities. There is a difference compared to its predecessors. The future PGR will come in a context where the Public Ministry is weaker than during the period of Operation Lava Jato”.

Examples of the weakening of the Federal Public Ministry are the opening of investigations by the STF itself to investigate what it considers “anti-democratic acts” and “fake news”. In these cases, in addition to usurping the role of the Attorney General’s Office, the STF denied the agency’s requests to archive the actions.

Another indication of the emptying of the PGR is that plea bargain agreements, which by law must be negotiated by the prosecutor’s office, are now made directly by the STF.

Analyst Elton Gomes stated that Lula’s appointment should be focused on avoiding situations similar to those that former president Michel Temer (MDB) experienced.

“Lula is analyzing different perspectives before making a decision. The idea is that he can choose someone who is not an enemy. When the president has a very close relationship with the PGR, as happened with former president Temer, his very survival in office is threatened. Temer had to respond to two complaints that cost the government a lot,” said the professor.

Antonio Carlos Bigonha is the name supported by PT

Among the names listed, deputy attorney Antonio Carlos Bigonha, 59 years old, is the name supported by the PT. Born in Minas Gerais, he graduated in Law from the University of Brasília, in 1987, and in Music from the same institution, in 2015.

He began his career at the Federal Public Ministry in April 1992, as a public prosecutor. In 1998, he became regional prosecutor of the Republic at TRF-1, a position within the MPF that works in cases at the Federal Regional Court.

Close to former Minister of the Civil House José Dirceu and José Genoino, former president of the PT, both convicted in Lava Jato, he gained political prominence when he commanded the National Association of Public Prosecutors (ANPR), from 2007 to 2011. He He was prominent in the environmental area and is known as a staunch critic of Lava Jato.

The deputy prosecutor is also known for being a pianist and composer, having even recorded songs by Nana Caymmi. In 2004, he released the CD “Azulejando”.

Paulo Gonet is the favorite of STF ministers

Born in Rio de Janeiro, deputy electoral attorney general Paulo Gonet, aged 62, is the representative of the Public Electoral Ministry in the cases being processed at the Superior Electoral Court (TSE). Due to his position, he was responsible for acting on behalf of the government in Bolsonaro’s ineligibility actions.

His name is defended by minister Gilmar Mendes, who was a partner at the Brasiliense Institute of Public Law (IDP). Furthermore, Gonet has minister Alexandre de Moraes, president of the TSE, as an ally in the Court.

Gonet joined the Federal Public Ministry in 1987, as a public prosecutor, responsible for cases in the first instance of Federal Justice. In 2012, he reached the position of deputy attorney general of the Republic, the last level of his career.

He has a degree in Law from the University of Brasília (UnB) and a master’s degree in Human Rights from the University of Essex, in the United Kingdom. Furthermore, he has a doctorate in Law, State and Constitution, also from UnB.

Even though he is one of those responsible for Bolsonaro’s ineligibility, Gonet is seen as a “conservative” by the left for having positioned himself against abortion.

Aurélio Virgílio Veiga Rios is considered “third way”

The most recent nominee for the position is Aurélio Virgílio Veiga Rios. He is seen as a third way and has the approval of the Workers’ Party as he has a history of defending issues that are important to the left, such as defending human and indigenous rights. His name would have been presented to Lula during his trip to New York.

Rios has a master’s degree in Law from the University of Bristol and was an advisor to the then attorney general José Paulo Sepúlveda Pertence, who held the position in the 1980s. He is a signatory of an anti-Lava Jato manifesto, according to the CNN Brazilwhich would have pleased Lula.

Mario Bonsaglia was nominated by prosecutors, but his name did not gain traction

Not being a strong name in the dispute, Deputy Attorney General of the Republic Mario Bonsaglia is also on the triple list submitted to Lula. He is from São Paulo and has a doctorate in State Law from USP.

He began his career at the Federal Public Ministry in 1991, initially working on criminal cases at the Public Prosecutor’s Office in São Paulo. In 1996, he was promoted to regional prosecutor of the Republic, who works in cases that are processed in the Regional Court of the 3rd Region. He served on the National Council of the Public Ministry between 2009 and 2013. In 2014, he was promoted to the position of deputy attorney general of the Republic.

Aras tried to convince Lula to be left in office

Behind the scenes at the PGR, Aras even rehearsed a campaign for a possible reappointment to the position. His critical stance towards Lava Jato and his proximity to progressive ideas led entities linked to the Public Ministry to defend his name.

In August, advisors from the National Council of the Public Ministry expressed unrestricted support for Aras. According to the document, he “has always guided his actions by constitutional parameters, moving away from partisan or political pressures and guiding his work by the conception that the legal field should not intervene in the political sphere, except when absolutely necessary”.

The National Association of Members of the Public Ministry (Conamp) also issued a public note, in which it defended the functional independence of the PGR and highlighted that the head of the Public Ministry cannot give in to political pressure.

For Conamp, Aras “demonstrated firmness in complying with the Constitution and Laws, persevering in the search for social well-being, with tolerance and respect for diversity, as an essential instrument for strengthening the Democratic Rule of Law and promoting a fair society and egalitarian.”

In another public note, signed jointly by the Public Ministry of Labor (MPT), the Military Public Ministry (MPM) and the Public Ministry of the Federal District (MPDFT), the effort undertaken by the current PGR in enabling advances in favor of Brazilian democracy was recognized. .

The “Republic’s general drawer”

The expression “general drawer of the Republic” is commonly spoken among opposition politicians, whether from this government or the previous administration. However, it appeared during the administration of the then attorney Geraldo Brindeiro, appointed to the PGR by Fernando Henrique Cardoso.

While in office between 1995 and 2003, he blocked several complaints against the head of the Executive. The case that attracted the most attention was the alleged purchase of votes by FHC to approve the constitutional amendment that allowed re-election in the country. Because of this, the PT dubbed Brindeiro the “general shelvester of the Republic”.

How the president chooses the PGR

Being the prerogative of the President of the Republic, the choice of the Attorney General of the Republic is the result of the appointment of a triple list made after an internal election at the Federal Public Ministry. Nominating someone from the list is not mandatory, and the head of the Executive can choose a different name, as was the case with Bolsonaro.

The custom of nominating a name from the triple list for the position began with then president Lula (PT), when in 2003 he accepted a name from the list for the position for the first time. Since then, both Lula in his second term and other presidents who have followed have followed this recommendation.

To apply for the position and be nominated by members of the MPF, the candidate must be a career member of the institution, be active and be over 35 years old. Voting is secret and proxies can vote for more than one name.

After the result, the National Association of Public Prosecutors (ANPR) forwards the three most voted names to the presidents of the Republic, the Federal Supreme Court, the Chamber and the Senate.