Lula’s defenders stay out of Zanin’s inauguration – 08/09/2023 – Power

Prestigious by the top echelon of government and by the top of the Judiciary, Minister Cristiano Zanin’s inauguration was also marked by the absence of people who were at the forefront of defending President Lula (PT).

Some of the lawyers who actively worked for the release of the PT candidate were not among the 850 guests who filled the plenary of the STF (Federal Supreme Court) on the afternoon of August 3, nor at the subsequent dinner in honor of Zanin.

Signatory of one of the actions that made it possible for Lula to be released from prison in 2019 —and author of opinions that served as support for the president’s defense—, lawyer and professor of constitutional law Lênio Streck is one of those who did not appear on the guest list.

Streck represented the Federal Council of the OAB (Ordem dos Advogados do Brasil) in the action that maintained that a person can only start serving a sentence after the process becomes final and unappealable (when there are no more appeals), not after a second instance decision.

The lawyer —whose name was even considered for the vacancy in the STF— said he did not believe that Zanin was responsible for his exclusion.

“I don’t think he was responsible for the whole list and the omissions. I spoke to him the day before the inauguration about a book I launched. I sent it to the ministers and he sent me a message thanking me. He told me that — I believe he verified that I wasn’t on the list — I’d see what happened”, says Streck, telling that he suggested that the minister ignore the episode, since he would be in Rio on the date of the inauguration.

“We agreed that on my next trip to Brasilia I would greet him personally. So everything went well”, he adds.

This Tuesday (8), the new member of the court dispatched his first decision in the new post, in an appeal by the Public Ministry of Rio Grande do Norte in a criminal action for embezzlement. Zanin advocated for Lula in the Lava Jato Operation processes and is a friend of the president. He can stay on the court until 2050, when he turns 75, the age limit for judges to compulsorily retire.

Author of another action presented to the STF against the arrest in second instance, representing the IGP (Institute of Criminal Guarantees), the lawyer Antônio Carlos de Almeida Castro, known as Kakay, was the host of the party in celebration of Lula’s diplomation, in December from 2022.

But the tenacity with which he defended the freedom and electability of the president did little to guarantee a seat at the ceremony.

He declined to comment on the absence of his name from the guest list. Like Kakay, lawyer Pedro Serrano —who organized events in support of Lula, including a dinner for the current vice president, Geraldo Alckmin (PSB)— also preferred not to comment on not having his name included.

Serrano was one of those quoted for the opening on the Supreme Court this year.

Zanin’s father-in-law and Lula’s lawyer since 1980, Roberto Teixeira did not attend his son-in-law’s inauguration. In August 2022, Zanin and his wife, Valeska, formalized by telegram the unilateral withdrawal of the couple from the Teixeira Zanin Martins office, established almost 20 years earlier.

In the midst of a traumatic split, the couple founded the Zanin Martins office, officially breaking up with Roberto and Larissa Teixeira, who is Valeska’s sister.

Lula’s compadre, Teixeira complained to the president, which did not prevent Zanin from being chosen for the court. About his absence, Roberto Teixeira limited himself to saying “nothing to declare”.

Although invited, other lawyers who played an important role in Lula’s defense —such as José Roberto Batochio and Luiz Eduardo Greenhalgh— were not able to participate in the tributes.

According to people close to the new STF minister, there were guests who were included on the list at Lula’s own request.

On the other hand, there were guests who were strangers to the legal circle associated with PTism.

Lawyer Nelson Wilians, who hosted the Zanin couple in Angra dos Reis (RJ), is a friend of former São Paulo governor João Doria (former PSDB), who also attended the inauguration of the new minister.

Contacted through his advisory, Zanin did not comment on the criteria he adopted for selecting guests for his inauguration and for the party.

Taking office at the Supreme Court brought together ministers from the court and from the STJ (Superior Court of Justice), as well as ministers from the Executive, from the TCU (Union Court of Auditors) and counselors from the CNJ (National Council of Justice).

After greetings, he went to the party in his honor, organized by the AMB (Association of Brazilian Magistrates), whose invitations cost R$ 500 and had a strict control of guests made by Zanin himself.

Requests to participate in the party were forwarded to the minister’s office, who made a fine-tooth comb of who could or could not pay and participate in the event.

Host of the party, Zanin spent most of the time receiving greetings and taking pictures with those present, mainly lawyers and judges.

Another competitor for the STF seat, lawyer Manoel Carlos de Almeida Neto was both at the inauguration and at the party.

The new magistrate was approved on June 21 by the Senate, by 58 votes to 18, to join the Supreme Court. He needed the vote of at least 41 senators (out of a total of 81 members of the House) to be chancellor.