Moraes wants a friend at the TSE, and Lula is pressured by a woman – 05/12/2023 – Power

The president of the TSE (Superior Electoral Court), Alexandre de Moraes, is working to place Floriano Azevedo e Marques, his friend and teaching colleague at USP, as minister of the electoral court. The movement, however, generated a strong reaction from women who play relevant roles in politics.

This is because the longest-serving substitute minister in the court is usually chosen as the successor to the vacancy opened by a titular magistrate who leaves the court. In this case, it would be natural for minister Maria Cláudia Bucchianeri to ascend to the title.

Moraes’ articulation in favor of his friend could break this tradition.

The nomination will be made by President Lula (PT) from a triple list to be elected by the STF (Federal Supreme Court).

A group made up of militants and politicians demands the appointment of a woman to the space that will open on the 17th with the end of Sérgio Banhos’ mandate in one of the two TSE seats reserved for the class of jurists.

In addition to the Baths seat, Moraes intends to place another ally in the vacancy of Minister Carlos Horbach. His term also ends in the coming days, but unlike his colleague, Horbach could be reappointed to remain on the court.

As the current minister has positioned himself in favor of former president Jair Bolsonaro (PL) and his allies in important judgments, his permanence —which ultimately depends on the nomination of the Planalto— is seen as unlikely.

Both appointments of the new ministers are important because they will be fundamental votes, for example, in the judgment on Bolsonaro’s eligibility.

For this reason, Moraes is working to expand his influence in the court, which he will preside over until the middle of next year. His plan is, even after leaving the court, to keep allies in the court and, consequently, his influence in the electoral debates.

For Horbach’s vacancy, Moraes supports jurist Fabrício Medeiros. Unlike Marques, he has a broad track record in electoral law. The concern of the feminist movements, however, concerns the Baths wave.

The forum that brings together those responsible for the female wings of political parties issued a note to that effect.

“A single woman occupied a titular chair at the TSE for the class of jurists, Minister Luciana Lóssio, whose term ended in 2017. After six years, only men occupied the chairs of titular minister of the Casa Maior da Democracia”, says the text.

“The presence of women in the Electoral Justice is essential for the gender issues that move this branch of the Judiciary”, says the note, after stating that tradition determines the title of the oldest substitute minister.

Before that, the Women’s Bench of Congress had already positioned itself in the same line and sent an official letter to ministers of the Supreme Court to plead for the appointment of a woman to the position.

The parliamentarians reported having received with “immense concern” the alleged campaign by Moraes in defense of Marques.

They also asked that the criterion of seniority of the substitute for the occupation of TSE chairs not be disregarded precisely at the moment when a woman has the chance to be nominated.

Responsible for the nomination, Lula has been under pressure from women PT leaders not to break with tradition. The group understands that the ideal would be Bucchianeri’s appointment. If there is resistance, they advocate choosing another woman for the post.

On the other hand, the Chief Executive does not intend to displease Moraes, who has been a protagonist in the clashes of the STF and TSE with Bolsonarism. The magistrate is seen in the PT as the main person responsible in the Judiciary for containing Bolsonaro’s offensive against the institutions.

In addition, the minister conducted the last presidential election and his role was seen as fundamental for the regular functioning of the election, in contrast to the former president’s attacks on the electronic voting system.

Therefore, members of the Planalto Palace understand that it is necessary to take Moraes’ indications into account. First, to maintain a good relationship with the magistrate. Second, because he understands that the minister’s influence on possible future colleagues may weigh in important judgments.

Female representation, however, is also seen as important for Lula to maintain coherence in the speech that supports the expansion of women in spaces of power. This debate also comes up in relation to Rosa Weber’s vacancy in the STF, which will remain open at the end of the year.

There is a movement for Lula to choose a woman in order not to further reduce female representation at the top of the Judiciary. Today, there are two women on the Supreme Court (Rosa Weber and Cármen Lúcia) and eight men.