Senate begins hearing of Dino and Paulo Gonet, nominated for the STF and PGR

The Minister of Justice, Flávio Dino, and the interim electoral attorney general Paulo Gonet, appointed to the Federal Supreme Court (STF) and the Attorney General’s Office (PGR), respectively, began this Wednesday (13) , to the joint hearing at the Constitution and Justice Commission (CCJ). In this unprecedented format, those nominated by President Luiz Inácio Lula da Silva (PT) answer questions from the 27 members of the CCJ before voting on their names by the collegiate.

If approved, they will pass through the plenary of 81 senators on the same day or on Thursday (14), in a second secret vote, requiring at least 41 votes in favor for definitive confirmation. The tendency is for both to be approved, with Gonet obtaining a wider margin of votes than Dino. Congress is expected to go into recess on the 23rd. It is possible that the inauguration will be held in 2024.

The format for the assessment of the two authorities chosen by the president of the CCJ, Davi Alcolumbre (União Brasil-AP), was criticized by Alessandro Vieira (MDB-SE) on Tuesday (12). “This unorthodox strategy is not necessary,” said the senator. He will insist on order at the opening of the hearing. The government leader in Congress, senator Randolfe Rodrigues (Rede-AP), expects 45 to 52 votes for Dino. The opposition has 25 declared votes against and behind the scenes recognizes great difficulty in reaching 41. In history, senators have only blocked five nominees to the STF, all in 1894.

The nominees intensified their search for more support the day before

The day before the simultaneous hearing, Dino and Gonet spent the day in the corridors and offices of the Senate looking for votes for its approval. They met separately with the women’s and PSD benches (the largest in the Senate, with 15 members), in addition to visiting several offices. Dino also met with the MDB bench and the president of the Senate, Rodrigo Pacheco (PSD-MG). On the same day, Lula assured Omar Aziz (PSD-AM) and Eduardo Braga (MDB-AM) the inclusion of the Port of Manaus among the priorities of the Growth Acceleration Plan (PAC).

Even without affecting the result of the vote, four of Lula’s ministers who sit in the Senate must temporarily leave their positions just to vote for the Minister of Justice. Camilo Santana (Education), Carlos Fávaro (Agriculture), Renan Filho (Transport) and Wellington Dias (Social Development) will graduate. Dino thanked him for the “affection” and the “tribute”.

Citing the biblical passage about the conversion of the apostle Paul on the Damascus Road, he said he believes in changing the vote of senators who reject him. To try to attract them, he stated that he would leave his political profile behind and that he was committed to being a “facilitator of dialogue between the Powers”.

The minister is being questioned at a time of tension between the STF and Congress, surrounding the package of measures to limit the powers of judges. The arrival of a combative left-wing politician closely linked to Lula to the Court could, in theory, stimulate this clash.

Lula took two months to define the two nominations

After two months of intense speculation, the nominations of Gonet, 62 years old, born in Rio de Janeiro, and Dino, 55 years old, from Maranhão, were announced by Lula on November 27th. The vacancies opened by Rosa Weber (STF) and Augusto Aras (PGR) were without nominees respectively for 58 and 62 days.

Since then, the PGR position has been occupied on an interim basis by Deputy Attorney General Elizeta Ramos. It is the longest time without an official prosecutor in office since the promulgation of the 1988 Constitution. Lula informed ministers Alexandre de Moraes, Gilmar Mendes and Cristiano Zanin, of the STF, the nominations of Dino and Gonet, a few days before the official announcement, in a dinner.

During the 17 days preceding the Senate’s evaluation, the nominees sought to increase support among senators, practicing the ritual known as “kissing hands”, either individually or in groups. This period was also used by the government and its allies to sign agreements to guarantee the approval of nominees in a quick and surprise-free process. Dino faced the greatest resistance, especially from opponents, conservatives and members of the right, being identified mainly among the 15 members of the evangelical front, which includes Catholics.

Dino is a licensed senator, was a federal judge for 12 years and governor of Maranhão for two terms. Gonet worked in the Electoral Court and joined the Federal Public Ministry (MPF) in 1987. The mandate at the PGR, for which he was appointed, is two years.

Dino and Gonet are known for very different profiles.

Born in São Luís, Dino will be able to stay at the Court for the next 20 years, until April 30, 2043, when he will turn 75 and will have to retire compulsorily. He prevailed in the dispute for Lula’s appointment to fill the vacancy left by retired minister Rosa Weber, beating the Union’s attorney general, Jorge Messias, and the president of the Union’s Court of Auditors (TCU), Bruno Dantas. According to analysts, the unsuccessful pre-candidates would face fewer obstacles in the Senate than Dino.

During the wait for Lula’s appointment, there was pressure from left-wing parties and social movements for the vacancy to be filled by a woman, preferably black. Flávio Dino is Lula’s 10th nominee to the STF and the second appointment during his third term. In June, the president appointed his lawyer Cristiano Zanin to fill the vacancy left by Ricardo Lewandowski. Zanin’s nomination was easily approved in the Senate, with 58 votes in favor.

Dino was criticized for his inaction during the January 8 events at Praça dos Três Poderes. Shielded by the Joint Parliamentary Commission of Inquiry (CPMI) designed to investigate the episodes, Dino was also accused by the opposition of having erased the images from the dozens of security cameras captured during the invasions of public buildings. On November 13, the opposition called for Dino’s removal from office following the news that Luciane Barbosa Farias, wife of the leader of Comando Vermelho (CV) in Amazonas, met with two secretaries from his ministry, at the department’s headquarters.

In any case, his proximity to Lula, who sees him as a staunch ally, weighed in favor of Dino, in addition to the support of the STF ministers. During the Bolsonaro government, then-governor Dino was notable for his confrontation with the former president over the health measures adopted during the pandemic.

Gonet paved the way for Bolsonaro’s ineligibility

Gonet, known as “ultra-Catholic” and supported by STF ministers, was taken into account by Lula due to his favorable opinion in the Public Electoral Ministry (MPE) regarding the ineligibility of former president Jair Bolsonaro (PL) in the action regarding the meeting with ambassadors . He also defended Lula by sending a representation to the TSE saying that the PT member did not commit an infraction by calling Bolsonaro a “genocidal”. But, as deputy electoral attorney general, Gonet spoke out against the revocation of Bolsonaro’s ticket and that of his then vice-president Hamilton Mourão (Republicanos-RS).

Gonet is the founder and partner of minister Gilmar Mendes (STF) at the Brazilian Institute of Education, Development and Research (IDP), in Brasília. In addition to Gonet, Lula sounded out the Deputy Attorney General of the Republic, Antonio Carlos Bigonha, supported by the PT.