Lula’s nomination to the STF is already the longest for the petista – 05/24/2023 – Politics
President Lula’s nomination for the vacancy left by Minister Ricardo Lewandowski in the STF is already the most time-consuming by the PT. In his two previous terms, the definitions came an average of two weeks after the opening of vacancies.
The president returned to Brazil this Tuesday (22) after attending the G7 summit meeting in Japan. If you announce the name this Wednesday (24), for example, Lula will have taken 43 days to formalize the choice.
The chair was opened on April 11 with Lewandowski’s retirement.
Time already exceeds the 42 days for the nomination of Minister Cármen Lúcia, in 2006, after Nelson Jobim’s retirement. Until then, this had been the most time-consuming choice for the PT, as shown by the Sheet.
Responsible for defending Lula in the Lava Jato Operation processes, lawyer Cristiano Zanin has already been called a friend by the president and is appointed as the strongest candidate for the vacancy.
The lawyer received support from ministers Cármen Lúcia, Luís Roberto Barroso and Gilmar Mendes. The president of the court, Minister Rosa Weber, and Minister Dias Toffoli, in turn, made important moves to avoid embarrassment to the quoted candidate, in case he is confirmed.
Favorable signals came from the mayor, Arthur Lira (PP-AL) and the president of the Senate, Rodrigo Pacheco (PSD-MG).
On the other hand, the option has been criticized for violating the principle of impersonality and for the possible negative effect on the image of the STF.
Furthermore, by opting for Zanin, Lula would ignore the lack of diversity in the country’s highest court, which has never had a black minister. The movement in this sense gained support from government ministers, but lost steam in the face of the president’s preference for his lawyer.
Experts claim that the time for the definition depends on the political articulation for the name to be approved by the Senate, where the chosen one will be questioned in the CCJ (Commission of Constitution and Justice) and needs to obtain at least 41 votes of support in the plenary to be nominated.
Lula was the president who most selected ministers for the STF. There were eight names, including the third black minister in the history of the Supreme Court, Joaquim Barbosa.
The quickest decisions were taken four days after vacancies opened. It was like this in the choices of Carlos Ayres Britto, in 2003, and Eros Grau, in 2004, for the chairs of Ilmar Galvão and Maurício Corrêa, respectively.
The 1988 Constitution does not set a deadline for appointments. Survey of Sheet from STF records showed that, since 1989, more than half of them happened within 17 days.
The fastest presidential definitions for the court in redemocratization were those of Jair Bolsonaro (PL), whose term was marked by attacks on members of the Supreme Court.
The first name, by Kassio Nunes Marques, in 2020, came 12 days before Minister Celso de Mello retired, something unprecedented. André Mendonça’s, in the following year, was made official on the same day of Minister Marco Aurélio Mello’s retirement.
The latest nominations came in the government of Dilma Rousseff (PT). The record was registered in the replacement of Joaquim Barbosa, who retired in July 2014. After 257 days, in April 2015, Dilma announced Edson Fachin, her last minister.
SEE UPCOMING RETIREMENTS AT SUPREMO