Yes, nominating names to fill a seat in the Transitional Council is the prerogative of the President of the Republic. The Senate also has the right to approve or reject the nominated name. Senators have not rejected any candidate since the government of Floriano Peixoto, in the nineteenth century, but many things that have not happened in Brazilian politics have begun to happen recently.
Lula has a great deal of self-confidence in nominating Jorge Messias against the preference of Senate President Davy Alclumbri, who was openly campaigning for Rodrigo Pacheco. This does not mean that the President of the Republic should submit himself to the President of the Senate, but the fact is that Alcombre was Lula’s lifeline in the government’s turbulent relationship with the legislature. It takes courage (or stubbornness) to jeopardize this partnership.
Regarding the topic, I see three problems with the candidacy of Christ. The first is institutional. After Mensalao and Alpetrulao, Lula changed the pattern of his selections and began to appoint not famous jurists with some ideological affinity, but individuals whom he believed would be loyal to him forever. It is a perfectly legal way to corrupt the independence of the STF.
The second is religion. Every human being has his own level of religiosity/spirituality. Therefore, it is impossible to nominate a person who does not also have a religious identity. The problem does not lie in nominating an evangelical (or a Jain, or an atheist), but rather in raising religious affiliation as a criterion for political choice. A liberal state is only possible in multicultural societies like Brazil if religion is maintained as a matter of the people’s private sphere.
Finally, there is the problem of diversity on the court. I’m not a big fan of quotas, but Lula promised during the election campaign and in the initial design of his government that he would pray for this guideline to be implemented. If, when the time comes, he does not hesitate to sacrifice diversity on the altar of loyalty, it is understandable that his most loyal voters will feel betrayed.
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