Zanin’s nomination for the STF is approved by a Senate committee

After almost eight hours and dozens of questions raised by senators, Cristiano Zanin’s appointment to the Federal Supreme Court (STF) was approved by the Senate’s Constitution and Justice Commission (CCJ). The score in the CCJ was 21 votes in favor and five against. The confirmation of President Luiz Inácio Lula da Silva’s (PT) lawyer for the Supreme Court still needs to go through the Senate plenary, which should take place this Wednesday (21).

Zanin was nominated by Lula to fill the vacancy of ex-minister Ricardo Lewandowski, also nominated by Lula, in 2006. The approval by the CCJ indicates that the Senate must maintain a centennial “tradition”: for 128 years the President of the Republic to the STF.

During the sabbath, Lula’s lawyer tried to show that he is not a friend of the president and on certain occasions seemed to provoke Senator Sergio Moro (União Brasil-PR), with whom he antagonized in the Lava Jato processes. Zanin also dodged questions about controversial topics, resorting to limitations that the law itself imposes on him, and tried to show a conciliatory position between opposing postures of opposition and government.

Zanin also promised to hold office on the Supreme Court independently, without privileging political groups, despite his connection with Lula. See below his main positions in the face of the questions, in a session dominated by the issue of impartiality of the nominee and the customs agenda.

Relationship with Lula

Zanin repeated on several occasions that his relationship with President Lula will in no way interfere with his behavior as a minister of the STF, including in cases that may involve the president. He tried not to be intimate with the Chief Executive and stressed that he had no party affiliation or any history of political activism. He also promised that, in carrying out his duties as a magistrate, he will listen to all sides, respecting the plurality of opinions.

Lava Jato Processes

Zanin, who advocated to defend convicts in Lava Jato, promised to act impartially in relation to lawsuits related to the operation. In this sense, he undertook to take into account the content of each specific case for possible suspicions of him to act in the processes, which should not be subordinated to the Lava Jato label, according to him.

“Obviously, in all cases in which I have acted as a lawyer, I will not be able, if approved by this House, to judge these cases in the STF… In relation to impediments or future suspicions, I will follow very strictly. Of course, I will have to analyze the content of the process, know what the topic is under discussion, the parties involved and apply exactly what the law says”.

In response to Senator Sergio Moro, Zanin said that the position of a lawyer in the operation would have no effect on his future condition as a minister of the STF. But he insisted on reinforcing the decision that the processes were annulled due to suspicions of partiality, “threatening the credibility of Justice”.

judicial activism

The nominee sought to highlight the role of the National Congress as a legislator and an agent capable of debating with society the laws that will regulate citizen conduct in order to answer questions about the invasion of competences. He stressed, however, that the STF, as guardian of the Constitution, has the role of pointing out any defects in the legislative process. Again, he resorted to the constitutional text to say that harmony between the Three Powers requires the observance of respect for the limits of each power.

Freedom of expression

Zanin sought to praise the citizen’s fundamental right to freedom of expression, as something that must always be honored. But he made the caveat that this right cannot be seen as absolute. Although he does not agree in theory with the risk of judicial measures being confused with state censorship, he defended the setting of limits so that this same freedom does not make it possible to commit crimes, including on the internet and social networks.

Drug liberalization and abortion

In matters of customs, the lawyer insisted on decisions already signed that define regulations. Without expressing a personal position on the issues, Zanin asked that attention be paid to fundamental rights and Congress’ ability to propose new understandings. In the case of abortion, he said it is guided by situations that the legal framework already considers the possibility of termination of pregnancy.

Demarcation of indigenous lands and the time frame

Lawyer Cristiano Zanin tried not to issue an opinion on the issue of the time frame of indigenous lands, noting that the issue is currently under discussion by both the STF and Congress. He, however, stated that he intends to act in such a way as to seek a consensus solution for apparently conflicting positions. For this, he points out the issues of rights of indigenous peoples and protection of legal decisions already contemplated in the Constitution.

Imprisonment in second instance

In a rare position in which he left no doubts in the air, the lawyer defended, as a constitutional precept, the arrest of convicts only after the so-called final and unappealable decision, which he considers to extend to the higher courts. In defense of the principle of the presumption of innocence, he considers the current understanding of the STF valid, against imprisonment in second instance. But he did not rule out the possibility that the National Congress would address the issue.

fake news survey

Faced with a question from Senator Esperidião Amin (PP-SC) about what would be the position of Zanin, considered a guarantor lawyer, in relation to the series of violations of the rights of citizens committed through the Fake News Inquiry (4.781/2019), opened within the scope of the STF to investigate injury against the Court’s own ministers, the nominee responded in a laconic manner. He said that he could not express his opinion in advance about something that he would later have to judge as a member of the Court. Finally, he highlighted that this and other issues are subject to the “collegiality” of the STF.

Opposition versus Government

Cristiano Zanin’s Saturday was marked by veiled and explicit criticism of Operation Lava Jato, especially by government supporters, and the arbitrariness of the Judiciary, by the opposition. But, in general, the clashes of the two antagonistic sides revealed a curious contrast between expressions of revenge on the part of Lula’s allies, and calls for reconciliation, by the opposition.

In the confrontation between the lawyer and Sergio Moro, there were ironic comments about the former judge’s alleged partiality, who called Zanin’s performance in his judgments professional. Opposition leader Rogério Marinho called for a commitment to act fairly in the STF and in favor of the limits of the law to pacify the country. Randolfe Rodrigues, leader of the government in Congress, said, in turn, that Zanin represented a response against abuses by Lava Jato and “injustices against Lula”.