See indications of ministers to the STF that generated controversy – 06/21/2023 – Politics

As with Cristiano Zanin, Lula’s (PT) option for a vacancy on the STF (Federal Supreme Court), the appointment of other ministers to the court by previous presidents has already been the subject of controversy.

The fact that he is Lula’s personal lawyer and has defended the PT in the Lava Jato Operation processes is one of the reasons for Zanin’s weariness – experts cite possible violation of the principle of impersonality.

In previous years, episodes involving family origin, partisan implications and exaggerations in the curriculum have already generated discomfort in nominations to the STF.

Zanin will be questioned this Wednesday (21) by the Senate Constitution and Justice Commission. After going through the CCJ, an absolute majority of the votes of the senators (41 out of 81) in plenary is enough for the nomination to be ratified.

See other nominations made to the Supreme Court that generated controversy:

Bolsonaro’s defense

André Mendonça, former head of the AGU (Advocacia-Geral da União) and former Minister of Justice of Jair Bolsonaro (PL), was questioned for having asked the Federal Police to open inquiries against critics of the then president.

In one of the emblematic cases, he requested an investigation, based on the National Security Law, to investigate an article by the columnist of the Sheet Hélio Schwartsman.

Before, Mendonça had already requested another inquiry to investigate a cartoon reproduced by journalist Ricardo Noblat, who associated Bolsonaro with Nazism, based on the same legislation.

Exaggerations in the resume

The then federal judge Kassio Nunes Marques, appointed by Bolsonaro in 2020, had to explain himself to senators about exaggerations in his academic curriculum.

Parliamentarians questioned the temporal compatibility of the doctorate held at the University of Salamanca, Spain, and two postdoctoral degrees present in the curriculum — one in human rights, also at the Spanish university, and the other in constitutional law, at the University of Messina, in Italy.

Kassio argued that, in Europe, it is possible to start taking a postdoctoral course as a doctor or doctoral student and that this would be his case. In the database of the University of Salamanca, where academic works are made available, no records were found about this post-doctorate.

Relationship with criminal organizations

When he was appointed to the STF by Michel Temer (MDB), the then Minister of Justice Alexandre de Moraes needed to clarify his role as a lawyer in defense of the Transcooper transport cooperative, suspected of links with the PCC criminal faction.

Moraes had also already been a lawyer for former mayor Eduardo Cunha (MDB-RJ), in addition to having been a member of the PSDB and holding public office in the Government of São Paulo, under Geraldo Alckmin (former PSDB), and in the city hall of capital of São Paulo, under the management of Gilberto Kassab (PSD).

Polygamy

Edson Fachin had to explain to the Senate his positions on various matters, such as public support for Dilma Rousseff (PT), who nominated him for the position, his link with the MST (Movement of Landless Rural Workers) and the preface to a book dealing with of polygamy.

The controversy surrounding the marital union with more than one person came after a preface signed by him in the book “On Monogamy: Overcoming as a Structuring Principle of Family Law”, by Marcos Alves da Silva. The text was seen by critics as a defense of polygamy. Fachin countered, stating that there is no place in Brazilian law for the recognition of polygamous marriages.

The current STF minister was also accused at the time of having practiced law illegally when he was attorney in Paraná, between 1990 and 2006. according to the Paraná Constitution.

The nominee defended himself, stating that his appointment was made based on previous legislation, which allowed dual activity as long as there was no litigation against the public power, and a second note, made by Senator Álvaro Dias (then in the PSDB-PR), pointed legality in practice.

Proximity to parties and governments

Some contenders for the seat on the Supreme Court had to clarify or leave their positions of proximity to political parties. One of them was Nelson Jobim, nominated by Fernando Henrique Cardoso (PSDB) in 1997. He was Minister of Justice and was a trusted man of the then president, in addition to having spent almost ten years as a federal deputy for the MDB.

Still under FHC, the appointment of Gilmar Mendes also caused discomfort, since he, despite being a reference in Brazilian constitutional law, had been head of the AGU and did not hide his proximity to the PSDB.

notorious legal knowledge

Dias Toffoli, nominated by Lula, was heavily criticized for his professional performance and academic background. The then head of the AGU had already worked personally defending the PT, in addition to having already advocated for the PT in two elections.

He was also questioned because, despite having graduated in law from USP (University of São Paulo), he did not have a master’s or doctoral degree, in addition to, at the time, not having published books or theses. Toffoli had also failed twice in public competitions for the judiciary.

Family

Marco Aurélio Mello was nominated by his cousin, the then president Fernando Collor de Mello, which caused controversy due to his family background.

Despite this, experience was the main factor in his approval for the STF —he had already been a minister of the TST (Superior Labor Court), in addition to having served in the Public Ministry of Labor and in the TRT-1 (Regional Labor Court of the First Region).