Rejection in the Senate will make Dino’s path to the STF more difficult

The Minister of Justice, Flávio Dino, began this Monday (27) a battle for the support of at least 41 of the 81 senators to confirm his nomination to the Federal Supreme Court (STF). Regardless of the result obtained, the search in the coming days for favorable votes will be marked by obstacles – the biggest faced by a nominee to the Court. The history of approvals of STF ministers by the Senate even works in Dino’s favor, but the setbacks and controversies generated by his appointment will give less protocol and more political aspects to the process. The opposition promises its commitment to try to block the nomination of the Minister of Justice to the Supreme Court, starting with the hearing at the Constitution and Justice Commission (CCJ), which is expected to be long and tense.

In the preview for the final clash in the plenary, senators will question Dino’s attitudes that increased his rejection, which even reaches members of the base allied with the government. The media stance angered ministry colleagues. The performance, especially in the area of ​​security, displeased government officials. Finally, the gestures of disrespect towards Congress left the Legislature bitter.

To complete the picture of difficulties, the announcement of his name to fill the vacancy left by minister Rosa Weber, in September, occurs amidst the climate of confrontation between the Senate and the STF. The conflict gained momentum after the approval, last week, of Proposed Amendment to the Constitution (PEC) 08/2021, which limits the individual powers of the Court’s ministers.

The advancement of this legislative initiative was supported by the president of the Senate, Rodrigo Pacheco (PSD-MG), and had the decisive vote of the government leader, senator Jaques Wagner (PT-BA). This provoked a prompt and strong reaction from Supreme Court ministers and also placed Planalto in the middle of this struggle.

Dino needs the support of 41 senators in plenary

By nominating Dino, Lula makes concessions to the STF, whose most powerful ministers endorsed the nomination. He also tests Pacheco’s position, which seemed to be aligned with the oppositionists’ dissatisfactions with the Court. On the other hand, the PT member cannot be charged in the event of a possible defeat of his nominee by the senators, as this is a prerogative of the Legislature. If Dino’s name is barred, it will be the first time that this has happened since the end of the 19th century, which would represent a historical strain between the Powers of the Republic.

The lowest number of supports in the plenary vote for the approval of a nominee for the STF occurred with André Mendonça, former attorney general of the Union (AGU) in the government of former president Jair Bolsonaro (PL), who obtained 47 votes to favor in December 2021. Voting in both the CCJ and the plenary is secret.

Previously, the lowest level was Edson Fachin, in 2015, during the term of former president Dilma Rousseff (PT). After facing intense questions in a 12-hour hearing at the CCJ, related to his political and ideological positions, Fachin managed to garner 52 votes. In a similar context, the nominee Dino, if approved, can set a new floor, situated between the 41 necessary and the 47 obtained by Mendonça.

Dino’s appointment was the result of negotiations between the powers

For analysts heard by People’s Gazette, Lula’s delay in deciding on Dino, who was the favorite for most of the almost two months of waiting for the nomination, reveals the many variables involved in the decision, which also changed over time. The very definition of the minister’s name also reflected the set of agreements and the evolution of tensions that hover in the relationship between the Judiciary not only with the Legislature, but now also with the Executive. Not by chance, the negotiation process to forward Dino’s name involved members of the STF itself and the Senate command in recent days, which is in practice shared between the president of the House and the president of the CCJ, Davi Alcolumbre (União Brasil- AP), Pacheco’s virtual successor in 2025.

The target of impeachment requests from deputies and senators, who need Pacheco’s approval, Dino put his own position at risk in different situations. He refused to go to the sessions to which he was summoned, suppressed evidence requested by the Joint Parliamentary Commission of Inquiry (CPMI) and was the protagonist of controversial episodes, such as going without a police escort to a favela dominated by a criminal faction in Rio and visiting from the so-called “drug lady” to the Ministry of Justice.

Frustrated by not being nominated to the Supreme Court himself and by not receiving the approval of the court’s collegiate body, the president of the Senate, Rodrigo Pacheco, has become closer to Lula in recent weeks. They were united by Dino’s approval agenda and by their partnership to harm the governor of Minas Gerais, Romeu Zema (Novo), around the renegotiation of the federal debt.

Lula and Pacheco had already been talking about the right time to nominate Dino. He weighed the suggestion given by the senator to the president that the announcement be made this Monday (27), before they both embarked on an official trip to the Middle East and Germany. In a press conference in the afternoon, shortly after Dino’s confirmation, Pacheco informed that, despite the tight end-of-year schedule, which includes voting on the Union Budget, he would give “due guidance” for the Senate to deliberate on the Supreme Court vacancy. , until the 15th, revealing an agreement with Davi Alcolumbre, president of the CCJ, who is responsible for making the appointment.

Lula saw in Dino someone of absolute trust in the STF

Lula’s personal preference for Dino is related to the President of the Republic’s desire to guarantee someone as close and faithful as possible to the Court, which has played a crucial role in the political game. The profile fit with the minister affiliated with the PSB, who built greater proximity with the head of the Executive throughout the current term, explaining his desire to work in the Judiciary. The biggest loser, in turn, was the PT, which sponsored the nomination of Jorge Messias, the current attorney general of the Union. Another name that was overlooked was that of Bruno Dantas, president of the Federal Audit Court (TCU) , a body linked to the Legislature, which was supported by Pacheco and Alcolumbre.

The president of the STF, Luís Roberto Barroso, declared this Monday, during an event in Belo Horizonte, that he was consulted by Lula about the appointment of Dino, whom he assured he wanted “very well”. “The minister was a renowned career judge, he was secretary general of the National Council of Justice (CNJ) and was well evaluated as governor, having then served in the Three Powers”, he highlighted. “The choice is the president’s prerogative and I think she was happy,” he said. Minister Alexandre de Moraes, also from the STF, revealed equal satisfaction.

Opposition senators criticize Dino’s unpopular nomination

First to react to rumors of Dino’s imminent announcement, senator Carlos Portinho (PL-RJ) stated that the government has lost the remaining modesty it needed. “Dino is not a notable lawyer and his appointment is strictly political. In this case, the Constitution does not authorize it. He is not even a notable politician and his performance at the head of the Ministry of Justice proves his maximum incompetence! You will be ashamed,” he protested on social media.

Senator Luís Carlos Heinze (PP-RS) told People’s Gazette that President Luiz Inácio Lula da Silva’s choice of the Minister of Justice, Flávio Dino, to be the new name of the STF is dissociated from society’s perception. “While public opinion polls indicate growing popular dissatisfaction with the performance of Supreme Court ministers, Lula nominates his controversial Minister of Justice,” he said.

“We hope to count on the collaboration of the President of the Senate, Rodrigo Pacheco, to continue stopping abuses in the Justice system,” he said.

He hopes that a new gesture of resistance from the House, which approved the Proposed Amendment to the Constitution (PEC) 08/2021, to limit the individual powers of STF ministers, will consolidate a historic mark of the current legislature, which according to him is that of combat superpowers.

Asked by People’s Gazette If there would be time this year to question Dino, Senator Carlos Viana (Podemos-MG), leader of the evangelical bench, said yes. But he stressed that this would not represent any ease. “He will still have to convince the senators”, he summarized.

For Eduardo Girão (Novo-CE), “after so much criticism of the Supreme Court’s political attitude, Lula decided to place a born politician in the Court.” The senator’s party launched this Monday (27) a petition against the minister’s name. New opposition initiatives are expected.

Even before confirming Dino’s appointment to the STF, new speculations began surrounding the ministerial changes brought about by his departure. The name of Minister Simone Tebet, currently in the Planning portfolio, as an option for the Ministry of Justice gained strength, and this would occur within the articulation that involves the re-creation of the Ministry of Public Security. The director general of the Federal Police, Andrei Rodrigues, and the executive secretary of Justice, Ricardo Cappelli, Dino’s number two, are listed for this post.