Senators defend postponing Zanin’s nomination to the STF – 04/10/2023 – Power

Senators started to defend that President Luiz Inácio Lula da Silva (PT) postpone the choice of Ricardo Lewandowski’s replacement to the STF (Federal Supreme Court), but the thesis faces resistance both from a wing of the court itself and from a part of the government.

According to Lula’s ministers, parliamentarians ponder in conversations that making a package of nominations in October —when Rosa Weber retires and opens a second vacancy— might facilitate the approval of names in Congress.

The idea defended by congressmen is that the representative indicates at once names for the two seats that will be opened in the Supreme Court, in addition to the head of the Attorney General’s Office and three other vacancies in the Superior Court of Justice.

The president will be entitled to nominate at least two names for the supreme court. The first vacancy was opened with the retirement of Lewandowski. Supreme ministers are obliged to retire at the age of 75. The magistrate will complete that age on May 11, but decided to anticipate the departure of the court. Rosa will turn 75 on October 2.

A third vacancy may still appear, if Minister Luís Roberto Barroso decides to anticipate his retirement, as has already been ventilated by himself in backstage conversations. This would occur in 2025, after Barroso presided over the court.

By making a combo, the president would guarantee the approval of the names in the Senate and reduce pressure for him to choose a specific profile for the second vacancy of the STF.

Lula has received requests to select a woman, preferably black, for the second vacancy that will open with Rosa’s retirement. Parliamentarians still prefer names considered palatable to the political class.

The idea of ​​a package of nominations is defended by parliamentarians, including the president of the Senate, Rodrigo Pacheco (PSD-MG), according to members of the government. The senator himself entered the betting pool for the Supreme Court.

Lula has so far not given any indication that he will follow the advice. More than that, ministers close to the president, including those in the legal field, reject the idea, as well as members of the STF. Interlocutors said that Minister Gilmar Mendes, for example, is not sympathetic to the plan.

The assessment of the president’s allies in the government is that postponing the decision on the vacancy open to the STF could leave him hostage to politicians, who would use this time to intensify the pressure for choosing a name of their preference.

Furthermore, there would be no guarantees that, six months from now, the political environment will be more favorable to the government than it is today.

Against the proposal, allies of the president also claim that the postponement could be received by ministers of the STF as a discourtesy. Members of the Supreme Court point out that the delay in nominating the chosen one could hinder judgments.

The justification used by members of Congress to defend Lula’s postponement of the decision is that the favorite for the post, lawyer Cristiano Zanin, may face difficulties in having his name approved by the Senate. This is because there is a group allied with Jair Bolsonaro (PL) and a lavajatista in the Senate, such as former judge Sergio Moro (União Brasil-PR), who must oppose the appointment of Lula’s personal lawyer, in addition to politicians who prefer other names.

Pacheco’s election score is used as an element to sustain that the government’s life in the Senate is not so easy. He was elected by 49 to 32 against Bolsonarist Rogério Marinho (PL-RN), but that does not mean that the government will always have that vote.

For Lula’s nomination to be approved, 41 votes from the 81 senators are needed. Before that, the person chosen by the STF must be submitted to a hearing and approved by the Constitution and Justice Commission.

According to allies, the president has not yet demonstrated that he has taken the final decision on who he will nominate to the STF, although they are betting on the appointment of his lawyer.

The two main ones currently quoted are Zanin and Manoel Carlos de Almeida. Lula does not give clear signs about his option, but he asks allies about their profile, indicating that they are in the running.

People close to the president assess that he will not leave his personal lawyer in the lurch. There are only doubts whether Zanin would be nominated for Lewandowski’s or Rosa’s vacancy.

Interlocutors of the president who support the name of Manoel Carlos argue that he has a profile on the left for decision-making.

But, according to allies, Lula tends to point out restrictions on the name of Manoel Carlos, including his age —43 years. Also according to these interlocutors, the president does not want to repeat the experience with minister Dias Toffoli

Zanin defended Lula in the Lava Jato Operation processes, including the one that resulted in the PT’s arrest for 580 days in Curitiba. The actions were later annulled by the STF.

In March, when asked about the possibility of nominating his lawyer to the Supreme Court, Lula said that “everyone would understand” if he did that and called Zanin a friend and companion.

As shown to Sheet, the choice for the Supreme Court of names close to that of the president is common. But generally, the bonds of the selected are for having exercised previous functions in the government — and not directly in the defense of the President of the Republic.

Survey made by Sheet based on the resumes of ministers appointed since 1985, it shows that, of the 28 chosen in the period, 9 had some function in the federal executive when they were chosen, which represents one in every three nominated.

André Mendonça, nominated by Jair Bolsonaro, Alexandre de Moraes, by Michel Temer, and Dias Toffoli, by Lula, are the most recent examples of ministers who integrated the governments of the presidents who nominated them.

Zanin’s nomination to the STF, however, is still hampered by the possibility of conflicts of interest in the court due to Lava Jato judgments.

Manoel Carlos, the other main quoted, was secretary general of the STF and is close to Lewandowski. The bet among Lula’s allies is that he will take into account the opinion of the retiring minister.

This is because he was the only magistrate among those appointed by the PT who was faithful to the party at all times, including in pressure situations such as the monthly allowance.

In addition to the two, the president of the TCU (Union Court of Auditors), Bruno Dantas, and the minister of the STJ, Luis Felipe Salomão, are also appointed as names in the race.