
At a time of crisis and political disagreement between the forces over the vacancy in the Supreme Federal Court (STF), the President of the Senate, Davi Alclumbri (Uniao-AP), announced on Tuesday (2) the cancellation of the hearing of the name chosen by President Luiz Inácio Lula da Silva, and Jorge Mesías. The hearing was scheduled to take place in the Committee on the Constitution and Justice (CCJ) on December 10, but Palacio do Planalto did not follow the full procedure for this to happen.
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Workers’ Party aides believe that there are not enough votes to approve Messias, who is head of the Attorney General’s Office, and for this reason they have refrained from sending the so-called presidential message. This tool is necessary to begin the process of candidate analysis by the House of Representatives.
In a memorandum addressed to senators, Alclumbri said that he was “surprised” by the government’s announcement of the postponement and considered the matter an “interference in the schedule” of the Senate, which reinforces the climate of hostility between the executive and legislative branches.
Now, the government is seeking to buy time to reduce resistance and make the name of Christ more acceptable. On the other hand, Alcolumbre has the power to set the new schedule, after sending the message, at the time it deems appropriate, without pressure to act quickly. Allies on both sides believe the issue will drag on and will only have a resolution in 2026, after senators return to work in February.
In a memorandum he sent to senators, the President of the Senate said, “This omission (to send the letter), which is the exclusive responsibility of the executive branch, is dangerous and unprecedented. It is an interference in the scheduling of hearings, which is the prerogative of the legislative branch.”
The Colombri also claimed that the purpose of the pre-determined schedule was to ensure the privilege of the Senate. On the government side, there was the opposite understanding. Limited time was a less subtle means for the senator to retaliate and contributed to a possible defeat in the plenary, something that had not happened to an STF nominee since the 19th century.
“The definition of this calendar follows the pattern adopted in previous nominations, and was intended to ensure compliance with this constitutional assignment to the Senate in fiscal year 2025, and avoid delaying it until next year,” the senator said in a memo.
Since the weekend, political tension over the issue has grown, especially after the government’s assessment that Alcolombre was acting against Mesías because he wanted more space in government.
Speculation about the possible appointment of Alcolombre to head Banco do Brasil has further exacerbated the atmosphere, which was already tense since the session overturning important objections by Lula last week.
However, the Colombian allies attribute this climate to the preference of the senators and the President of the Chamber of Deputies himself for the candidacy of Rodrigo Pacheco (PSD-MG) for STF membership, which was overridden in the process.
According to the Senate’s rules of procedure, the session can only be held after the presidential message is sent and read. From there, the Senate opens the official process, with its own numbering and the possibility of attaching documents – such as deciding whether to approve the nomination or not.
Behind the scenes, the board analyzed an alternative to maintaining the calendar: using only the publication of Christ’s name in the Official Gazette of the Federation, which occurred on November 20, as the starting point for the process. This initiative would be unprecedented, but it has been ignored due to the risks of legal challenges and the possibility of repeal.
In addition to the technicians, Alcolombre received advice from the head of the Commission on the Constitution and Justice (CCJ), Otto Alencar (PSD-BA), and from Pacheco about the impossibility of changing the rituals stipulated in the regulations.
The longest time that passed between the announcement of the candidate and the sending of the message to Congress in Lula’s third term was with the candidacy of Cristiano Zanin, in June 2023, when the procedure was completed in 12 days. Flavio Dino’s appointment for November 2023 was announced within three days.
Messias’ nomination reporter, Senator Weverton Rocha (PDT-MA), said Lula will search for the Senate president as soon as he returns from his trip. The PT member was in Pernambuco on Tuesday and went to Fortaleza at night.
– President Lula told me yesterday (Monday) that as soon as he returns from his trip to the northeast, perhaps Thursday or Friday, or at the beginning of (next) week, he will look for President Davy and schedule a meeting so that the two of them can talk and get the message to him – said Weverton.
Government leader, Jacques Wagner (PT-BA), estimated that the new scenario reduces tensions:
The longer the hearing lasts, the more space opens up for dialogue and consensus-building among senators.
Lula is not running with another name for the open position on the Supreme Court, and has told those close to him that he will nominate Mesías again if the Senate rejects him. On Tuesday, it was up to the Minister of the Secretariat of Social Communications (Secom), Sidonio Palmeira, to refute Alcolombre’s criticism.
– There is no intention on the part of the executive authority to circumvent (the timetable), anything to that effect – he said.
While heads of state are not at the table, the AGU Minister visits the Senate almost daily looking for support. On Tuesday, Messias met with Senators Messias de Jesus (Republicans – RR), Oriovisto Guimarães (PSDB – PR) and Omar Aziz (PSD – MA).
However, Messias’ invitation to participate in the bloc lunch bringing together senators from PL and Novo, sparked outrage and sparked complaints in the opposition WhatsApp group. The result was the cancellation of the agenda.
In the bloc’s WhatsApp group, Senator Jorge Seif (PL-SC) sent a message criticizing this expression. “You can’t have a lunch meeting without consulting us,” he wrote. The text was later deleted, but the discontent was registered, with no response from others. The call was prepared by Senator Dr. Eudosia Kaldas (PL-AL), but since the previous day there was already resistance within the PL, which has 16 senators.
Climbing around the vacancy
10/09/2025 – Minister Luis Roberto Barroso, who can stay at the STF until 2033, announced his early retirement, opening the race for the vacant position. Since the announcement, three names have been listed: Jorge Mesías (AGU), Lula’s favourite; Senator Rodrigo Pacheco, supported by the Colombians; and Bruno Dantas (TCU).
11/20 – After more than a month of speculation, Lula nominated Minister Jorge Mesías to replace Barroso. On the same day, Alcolombre announced the vote on a project regarding health agent pensions with a billion-dollar impact on the union’s coffers.
11/25 – Alcombre sets a hearing and votes to nominate Mesías to STF membership and appoints his ally Weverton Rocha (PDT-MA) as rapporteur. The Senate approves the full retirement of health workers, which is called the “bomb agenda.” The government estimates the impact at R$20 billion over 10 years.
11/26 – Mota and Alcolombre did not attend the ceremony in which President Lula approved income tax exemption for those with income of up to 5,000 Brazilian reais.
11/27 – Congress overturned Lula’s vetoes on the environmental licensing law and on sections of Propag, which had a financial impact on the government.
11/30 – The President of the Senate issued a memorandum indicating “unwarranted interference” in the process involving Mesías.
Tuesday – Since there was no official message from the government to the Senate, Alcolombre canceled the session and returned to criticizing Planalto.