Facing resistance in the Senate after his nomination to the Federal Supreme Court, the Attorney General of the Federation, Jorge Messias, will face the additional challenge of balancing himself when taking a position on issues involving the opposing views of the groups that supported his selection: the Workers’ Party and evangelical leaders. The list of issues on which Christ should be asked for his opinion during the Senate hearing, now scheduled for 2026, ranges from abortion to restroom use by transgender people.
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The positions expressed by Messias in previous talks and in the Constitution and Justice Committee may not please at least one of the segments that support him. When I called him, he did not answer.
The recent positions of the Attorney General’s Office (AGU) may serve as an indication of the votes that will be approved by Messias, if he is confirmed as STF Minister. In one of the panel opinions used against him, the AGU argued that it is up to Congress, not the professional board, to regulate abortion procedures in cases permitted by law.
The demonstration was made last year, in a proceeding in which the PSOL questioned a decision of the Federal Council of Medicine (CFM) prohibiting the use of a clinical technique (called fetal contraction) to terminate a pregnancy of more than 22 weeks, in the case of rape.
In his statement to the STF, Mesías stated that the CFM had tried to change “the legal discipline on the issue of abortion,” and that “this is the responsibility of the National Congress, never the responsibility of the Professional Council.” The prosecutor stressed that it does not address “the political, moral, philosophical or religious issues that divide Brazilian society on this specific topic.” However, he criticized the possibility of preserving pregnancy in the event of rape. “The goal of Council of Foreign Ministers Resolution No. 2378/2024 is clear: to preserve pregnancy resulting from rape, even at the expense of the freedom and health of the pregnant woman,” he said at the time.
The position was bailed out and was used to undermine the STF candidate, linking him to abortion advocacy. “As someone who says he is against abortion, can he support performing it, because of the contraction of the fetus, which is a cruel procedure, in advanced pregnancy, when the life of the fetus becomes viable outside the mother’s womb?”, Senator Sergio Moro (Uniao-PR) recently asked.
The measure in which the African Union expressed its opinion differs from the measure dealing with the decriminalization of abortion up to the twelfth week of pregnancy. In this case, Messias will not be able to vote if he is appointed Treasurer, as the previous incumbent of the vacant position, Luis Roberto Barroso, presented his position on his final day at the STF.
In an attempt to reduce criticism on the subject, Messias met with members of the National Conference of Brazilian Bishops (CNBB) and made a commitment to defend life from fertilization, as described in the blog of writer Lauro Jardim, of GLOBO.
In another case, also related to the CFM, the African Union was against a request to suspend a decision banning hormonal blockade for transgender children and adolescents and prohibiting the start of hormonal treatment before the age of 18 years. The Commission’s position was only regarding the request for an injunction (temporary decision), to suspend the decision, and not on the basis of the topic of discussion.
The Arab African Union considered that the text follows the standards of the Ministry of Health. Minister Cristiano Zanin will continue to analyze the case. “It appears that, within the scope of the Unified Health System, the guidelines established by the Ministry of Health do not contradict Resolution No. 2427/2025, whose provisions also set the minimum age of 18 (eighteen) years for hormone therapy and 21 (twenty-one) years for surgical operations,” Mesías assessed.
The attorney general has also taken a stand in actions challenging municipal laws that prevent transgender people from using bathrooms according to the gender they identify with. The CAF claimed that the measures had been rejected on a technicality, meaning that it would not be up to the STF to analyze them.
However, on the subject, he defended their acceptance, but also for a procedural reason: it will be the role of the federation, not the municipalities, to define these rules. Thus, Christ did not discuss the right or wrong to use the bathroom.
“In other words, by prohibiting the use of female bathrooms and changing rooms by trans women (and male ones by trans men), the municipal law introduced into the legal system a rule restricting the exercise of the right of personhood, highlighting the usurpation of the Federation’s exclusive competence to legislate on civil law,” he wrote. Four actions on this topic have already been rejected, and one of them remains to be analysed.
In another case the Supreme Court is analyzing, there is no Christ position: rules for sterilization procedures, such as tubal ligation and vasectomy, have been debated since last year. Currently, legislation allows men and women to have the intervention only if they are over 21 or have at least two children.
Five ministers voted for everyone over the age of 18 to implement the practice, while three defended maintaining the current rules. Since Barroso did not vote in this case, it is possible that Messias will take a stand. This difference was opened by André Mendonça, to maintain the current model, which considered that the current standards are reasonable.
Messias’ nomination faces resistance in the Senate, especially from House Speaker Davi Alclumbre (Uniao-AP), who defended the name of his colleague Rodrigo Pacheco (PSD-MG). This week, the clash with the executive branch escalated, after Alcombre canceled a hearing at the International Court of Justice that was scheduled for next week and criticized Lula’s government. The decision was made after Palacio do Planalto did not send the presidential message to the House of Representatives with the official nomination of the African Union.
In practice, the government has gained time to gain support, and the trend is to postpone the session until next year, as there will not be enough time this year. At the same time, the risk of electoral contamination is increasing, as it will occur closer to the 2026 elections.
Despite the upset, the AGU received demonstrations of support. Minister Andre Mendonça, an evangelical, like Mesías, was the first member of the Supreme Court to speak publicly about the choice. He and Nunes Márquez have defended Mesías in conversations with senators. They were appointed to this position by former President Jair Bolsonaro.
The Senate Republican leader, Mesías de Jesus (RR), also declared his support for Mesías, but he must be in the minority in his seat, which tends to oppose the government. Another ally, also evangelical, should be Elysian Gamma (PSD-MA).
To obtain approval, Messias needs 41 votes out of 81 senators. The reappointment of the Republic’s Attorney General, Paulo Jeunet, was approved last month by 45 votes, causing concern in the Palacio do Planalto. Two years ago, Flavio Dino, Lula’s previous candidacy for membership of the federation, had already received a close vote (47 votes to 31), coming second to Andre Mendonça, in 2021 (47 to 32).
Other AGU functions
- Parliamentary amendments – Jorge Mesías adopted a conciliatory tone when dealing with the controversy over parliamentary amendments. He said that the forces must work in harmony, overcome differences and build solutions that meet collective desires. As Prosecutor General of the Federation, he also worked directly on the STF proceedings relating to the amendments’ transparency rules.
- Judicial activity – The African Union stated that judicial activism is a global trend and that, given the current complexity, the judiciary has been called upon to take a position on increasingly diverse topics. It highlights that the judiciary cannot fail to resolve disputes and that, in the Brazilian case, it performs this task with great efficiency.
- pardon – Regarding the issue of amnesty for those involved in the coup, Messias was categorical: he considered this measure unconstitutional. For him, amnesty cannot be granted to anyone who attempts to abolish the rule of law, as democracy itself depends on its preservation. As a jurist, he said those convicted of the attacks should serve their full sentences.
- Social Media – At the helm of the AGU, Messias praised the STF ruling that expanded digital platforms’ liability for published content. He described the decision as historic and a civilizational landmark, noting that Brazil is following the same trend as other democracies in demanding greater responsibility from technology companies.
- “Cavitation” – Mesías criticized what he called the “termiteization” of work relationships, highlighting in particular the phenomenon of intonation when it is used to make relationships unstable. He believes that modernizing labor relations cannot be achieved at the expense of protecting workers. He believes that the development of the labor market must be balanced and prevent social setbacks.
- Bets – The federation’s prosecutor was concerned about the uncontrolled growth of sports betting in Brazil, and classified the sector as a “dragon” that needed to be tamed by public authorities. Messias believes that it is necessary to establish limits and control mechanisms that prevent addiction, especially among the most vulnerable populations.