This Thursday, President Luiz Inacio Lula da Silva appointed Minister Jorge Mesías (Prosecutor General of the Federation) to the Supreme Federal Court (STF), a move that has dismayed the President of the Senate, Davi Alcolombre (Uniao-AP), and will test the strength of the Planalto Palace at a time when the Chamber of Deputies is showing signs of uneasiness with the government. The announcement comes just over a month after the early retirement of Minister Luis Roberto Barroso.
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Messias will need the approval of at least 41 senators in plenary session to reach the court. Before that, he will undergo a hearing in the Constitution and Justice Committee, a stage at which opposition parliamentarians usually use speeches and questions to wear down the presidential candidate. If approved, he will join Cristiano Zanin, Flavio Dino, Carmen Lucia and Dias Toffoli, and will be the fifth minister appointed by Lula, in three terms, out of the 11 ministers who make up the interim force.
There was only a rejection of names appointed to the court in the nineteenth century, during the government of Floriano Peixoto, which historically demonstrates the power of the executive in appointments at the head of the judiciary. On the other hand, even government senators have been warning about climate deterioration, as demonstrated by the narrow majority approval of the reappointment of Paulo Junet to the Attorney General’s Office last week – just four votes above the minimum required.
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Members of the base suggest that Alcombre acted on behalf of Jeunet, which today seems unlikely in the case of Mesías. The President of the Senate even expressed to Lula his preference for Senator Rodrigo Pacheco (PSD-MG), whom the PT member received in Alvorada at the beginning of the week and heard that the plan is for him to run for Minas Gerais state government next year, and not for the Supreme Court.
— I did not receive a phone call from President Lula — said the Colombian on Thursday, while participating in an event in Amapa.
He had already expressed unease to the allies about the way coordination was being done and complained that the government’s leader in the Senate, Jacques Wagner (PT-BA), was openly campaigning for Mesías. Alcolombre was also approached by parliamentarians from the center and the opposition, who complained that the House of Representatives was being treated as merely the final stage of a decision that had already been made. The day before the formalization, Pacheco said he would still be “evaluating” how he would act in the event of Messias’ nomination, which was ultimately confirmed.
Senators also remember the role Alcolombre played when then-President Jair Bolsonaro appointed Andre Mendonça to the court. At that time, the Senator was presiding over the International Court of Justice and he preferred that the chosen person be the Prosecutor General of the Republic at that time, Augusto Arras. In response, and in an attempt to force Planalto to rescind his nomination, it took more than four months to schedule the hearing, which left Mendonça exposed.
This Thursday, shortly after Planalto’s announcement regarding Mesías, Alcombre announced the vote next Tuesday on a project on special retirement for health agents. The text does not provide an impact estimate, but a similar proposal approved by the Chamber has the potential, according to the Ministry of Social Security, to cause an additional expenditure of R$800 billion for the public treasury over 50 years, of which R$530 billion would fall to the Union (read more on page 15).
In order to ease the atmosphere, Messias has already indicated to his allies that he will search for Alcolombre, Pacheco and other senators in the coming days. At 45 years old, he will be able to stay on the court for up to 30 years.
“With the faith and humility entrusted to the members of the Senate of the Republic, I will seek to demonstrate compliance with the constitutional requirements necessary to carry out this lofty mission of the state,” Messias said in a statement.
Lula in turn stated that he made this choice “with the certainty that Messias will continue to do his part in defending the Constitution and the democratic rule of law in the STF, as he has done throughout his public life.”
In Planalto, there is a reading that the president put an end to the sharing of power with the Senate. According to allies, the Labor Party member realizes that his decision may have consequences, but he nevertheless decided to maintain the standards adopted this term.
During the past year, the government began to rely on the Senate to confront the defeats it suffered in the Senate. For example, senators dropped the Blindagem PEC law in September and in October forced approval of the project that increased income tax relief for those earning up to R$5,000. Now, the bet, expressed publicly by the ministers, is that the Chamber of Deputies reverses the points considered negative in the anti-factionalism bill, Planalto’s main bet in the field of public security that ended up being changed by the rapporteur of the proposal, Guilherme Diret (PP-SP).
To pave the way in the Senate, Messias is also counting on National Socialist Front Minister Andre Mendonça, who on Thursday praised the selection and stated that he would support him in the “republican dialogue” with senators.
The minister said: “Christ is a great person. He was a wonderful Attorney General of the Union and I am sure that he will honor the Federal Supreme Court. I personally am happy that his name was chosen.”
The Attorney General of the Federation is an Evangelical and also has contacts with parliamentarians from this group, such as Senator Elisian Jama (PSD-MA), to assist him.
Mesías was chosen after Lula passed him for the Dino nomination in 2023. Since then, he has repositioned himself in the group of the president’s closest circle and, since the beginning of the race for the position, has become the favorite for Lula’s third choice for the court in this state. In addition to Pacheco, the name of Bruno Dantas, from the Federal Audit Office, also appeared among those on the list. On Thursday, Lula called Chief Justice Edson Fachin to inform him of the nomination. (Contributed by Thais Barcelos)