Opposition must exploit Zanin’s weaknesses in Saturday; know which ones

Nominated by President Luiz Inácio Lula da Silva (PT) for a vacancy on the Federal Supreme Court (STF), lawyer Cristiano Zanin must undergo a hearing in the Senate on the 21st of June. At least three of Zanin’s weaknesses must be explored by opposition senators: his alleged lack of legal knowledge, his too close relationship with the president and an investigation into alleged influence peddling, which was initiated by Lava Jato but ended up locked.

The sabbath should take place at the Constitution and Justice Commission (CCJ). The government’s expectation is that Zanin’s name will be appreciated by the plenary of the House also on the 21st.

Lula’s lawyer will find a favorable scenario for the approval of his name, despite the weaknesses raised by the opposition. That’s because he was one of the protagonists in the dismantling of Lava Jato and has a guarantor profile. That is, his entry into the STF should further deepen the setback in the fight against corruption in Brazil.

Zanin does not meet the STF’s requirement of having “notorious legal knowledge”, says jurist

Cristiano Zanin will also be questioned about his legal knowledge during the CCJ’s questioning. Graduated in Law from the Pontifical Catholic University of São Paulo (PUC-SP), Lula’s lawyer was specialized in Procedural Law and worked in Business Law, especially in complex disputes and large cases of judicial recovery.

For Ives Gandra, jurist and professor at Mackenzie Law School, Zanin is a “great and honest lawyer”. But Lula’s nominee does not meet the requirement of notable legal knowledge for a Supreme nominee, according to him.

“Of moral suitability, this requirement was fulfilled. Now, the requirement of the Constitution goes beyond brilliance in the profession. Article 101 of the Constitution provides for notable legal knowledge. Remarkable is that which is above the average of everyone’s knowledge, which includes academic knowledge, published books, national and international recognition as a jurist”, said Gandra in an article published by the newspaper The State of S. Paulo.

“The figure of notable legal knowledge establishes that, to be a minister, you need to be above a normal degree. Not only be a brilliant professional – this requirement, undoubtedly, Zanin fulfills –, but an academic degree is what he lacks. It is what he is missing. in the Constitution. It is not the tradition of all presidents of the Republic that this is the main criterion”, completed the jurist.

Senator Sergio Moro (União-PR) has already informed that he intends to prepare questions aimed at clarifying points about the lawyer’s ‘legal understanding’.

The Minister of Justice and Public Security, Flávio Dino, assesses that Zanin meets all the requirements to take over the vacancy in the STF. “Zanin fully complies with the constitutional requirements for nomination. He has shown to have notable legal knowledge and an unblemished reputation, as provided for in article 101 of the Constitution. His nomination is also a recognition of the role of lawyers for the proper functioning of Justice”, he argued. Lula’s ally.

Zanin was investigated for influence peddling

Another point that should be explored by the senators during Zanin’s questioning concerns the Lava Jato investigation against him and other lawyers for alleged participation in alleged influence peddling and embezzlement in the S System (Fecomércio, Sesc and Senac). The investigation was closed by Judge Marcello Rubioli, of the 1st Specialized Criminal Court of the TJ-RJ, in 2022, but the case could lead to wear and tear against Zanin.

The investigation began with the delation of Orlando Diniz, former president of the Federation of Trade in Goods, Services and Tourism (Fecomércio) of Rio de Janeiro. According to the businessman, the lawyers were paid by Fecomércio for services not rendered.

The Public Ministry raised evidence that Zanin and several other lawyers would have received up to BRL 150 million between 2012 and 2018 from Fecomércio-RJ through false invoices and simulated contracts. According to the investigation, Zanin and another lawyer would have been hired by Diniz to try to avoid his replacement, influencing the president of the national Sesc fiscal council.

The crimes investigated at the time were influence peddling, embezzlement (a crime committed by a public official), corruption and money laundering. In addition to Zanin, lawyers Frederick Wassef, who has represented the family of Jair Bolsonaro, Roberto Teixeira, who has represented Lula, and Ana Teresa Basílio, who defended the former governor of Rio Wilson Witzel, were investigated. Lula, Bolsonaro and Witzel were not related to the investigation.

Initially, the case was investigated by Lava Jato in Rio de Janeiro, until then commanded by Judge Marcelo Bretas. In September 2020, Bretas authorized 77 search and seizure warrants in lawyers’ houses and law firms.

However, Minister Gilmar Mendes, of the Federal Supreme Court, annulled all of Bretas’ decisions. According to the magistrate, as Fecomércio is a private entity, the competence to investigate it belonged to the state Justice. The decision was confirmed by the 2nd Panel of the Court.

Based on Mendes’ decision, judge Marcello Rabioli closed the case of Sistema S. In a sentence of almost 300 pages, the judge from Rio de Janeiro criticizes the Federal Public Ministry (MPF) and Bretas for what he considers attempts “to criminalize the practice of law” . The magistrate also annulled Orlando Diniz’s plea bargain, considering that it was signed with incompetent authority.

In a note, Zanin said at the time that the decision “definitely rescues the dignity of law” and puts an end to what he considered a “persecution carried out” by Lava Jato. At the time, the lawyer also stated that the case was “an invitation for the press to reflect on the numerous publications that endorsed lying statements by state prosecutors”.

Zanin’s personal relationship with Lula should also be explored

Criminalist, Zanin gained national prominence with the processes that had Lula as a target and that even resulted in the arrest of the petista. Zanin was the one who accompanied Lula even to prison, at the headquarters of the Federal Police in Curitiba, where the president was detained for almost two years for convictions of Lava Jato.

The personal relationship with the PT candidate should be one of the main targets of questioning by opposition senators. Senator Sergio Moro (União-PR), who was responsible for conducting the proceedings against Lula during the investigations by the Curitiba task force, said he will question Zanin about his relationship with the president. He also wants to defend the thesis that Lula’s lawyer cannot judge Lava Jato cases in the STF.

“The appointment of a lawyer and personal friend of the President of the Republic to the Federal Supreme Court does not favor the independence of the institution and hurts the republican spirit”, argued Moro after Zanin’s appointment.

Alternate member of the Senate CCJ, Senator Hamilton Mourão (Republicanos-RS) also criticized Lula’s nomination of Zanin. “By appointing Cristiano Zanin to the STF, Lula gives prestige to his defense lawyer, who managed to free him from the Lava Jato convictions, but ignores the republican spirit, abandoning names with more merit, impartiality and experience in the judiciary”, he said.

To avoid stumbling and possible clashes with the opposition, Zanin will undergo training before the CCJ’s Saturday meeting with senators from the ruling base. The government’s expectation is to prepare Zanin so that he does not fall into “provocations” by opposition senators.

In parallel, the lawyer has been visiting opposition senators to try to reduce resistance.