Understand how the choice of STF ministers works – 04/11/2023 – Power

With the retirement of Minister Ricardo Lewandowski, from the STF (Federal Supreme Court), a new magistrate will be chosen to compose the court that judges actions involving the Constitution, in addition to appreciating cases about states and municipalities, standardizing decisions of the Judiciary.

According to the constitutional text, President Luiz Inácio Lula da Silva (PT) must indicate a name to be questioned and subsequently voted on by the Senate. There are, however, some rules that detail this process, such as the minimum and maximum age, the selection criteria and the voting rite in the Legislature.

See below what are the legal ways to define the ministers of the Brazilian Supreme Court, and the retirement dates of the magistrates that make up the court.

At what age can a person be nominated to the STF?

Native Brazilians over 35 years old and under 65 years old can be chosen for the position of minister of the STF.

How many magistrates make up the court?

Currently, 11 ministers. At the beginning of the Republic in Brazil, from 1889, there were 15 magistrates, a number that reached 16 between 1965 and 1969, during the military dictatorship. Institutional Act No. 6, of February 1, 1969, reestablished the number of 11 ministers on the court.

What are the subjective criteria for nominating a minister to the STF?

Article 101 of the Constitution prescribes that those appointed to the Supreme Court must be citizens of “remarkable legal knowledge and unblemished reputation”.

However, the constitutional text and Brazilian laws do not detail criteria or procedures to verify these two requirements, nor do they indicate restrictions or express causes of impediment.

How is the appointment made by the president?

There is no complex formal process to be conducted by the President of the Republic during the period of nomination to the Supreme Court.

In governments in the recent past, presidents sought the collaboration of their Ministers of Justice and Deputy Chiefs for Legal Affairs of the Civil House to research, select and sound out candidates for the vacancy.

In the nomination stage, there is a great mobilization of sectors of the Judiciary, Public Prosecutor’s Office, advocacy, unions, associations, entities and social movements, which seek to lobby for the nomination of their favorite.

In general, during this period, the president conducts personal interviews with candidates. Once the selection is completed, the representative makes a communication to the Senate indicating the name of the chosen one.

How is the process in the Senate?

In the Senate, the evaluation of the nomination of the president is made by the CCJ (Commission of Constitution and Justice).

The main stage in the commission is the realization of a candidate’s interview by the congressmen. At the end of the sabbath, the CCJ prepares an opinion on the nomination and sends the analysis to the plenary.

The decision on the nomination is made in a plenary session of the Senate. The approval of the name only occurs if an absolute majority is obtained in the vote, that is, at least 41 of the 81 senators.

What happens after the Senate deliberation?

After Senate approval, the representative can publish the nomination and the chosen one can take office in court.

Does the selection process include STF veto power?

No, the Brazilian Constitution and laws do not prescribe the Supreme Court’s veto power or any other legal mechanism created specifically to prevent the appointment of the person chosen by the President and endorsed by the Senate.

How long can a minister remain on the STF?

The Brazilian Constitution provides for the compulsory retirement of ministers of the Federal Supreme Court when the magistrates reach 75 years of age.

See upcoming Supreme Court retirements

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GOVERNMENT 2027-2030

GOVERNMENT 2031-2034

GOVERNMENT 2039-2042

GOVERNMENT 2043-2046

GOVERNMENT 2047-2050