The President of the Senate, Davi Alclombre (União-AP), criticized Palacio do Planalto’s delay in sending the official letter of Jorge Mesías’ nomination to the Federal Supreme Court (STF), stating that this behavior conflicts with the schedule of the Chamber of Deputies. In a harsh memorandum issued on Sunday afternoon (30), the President of Congress said that the Senate has the right to accept or reject President Luiz Inacio Lula da Silva’s choice for the court.
“The attempt by sectors of the executive branch to create a false impression, before society, that disputes between authorities are resolved by adjusting physiological interests, with positions and adjustments, is clear. This is an insult not only to the President of the National Congress, but to the entire legislative branch,” says the Senator.
As O GLOBO showed, the appointment of Jorge Mesías to the Strategic Task Force deepened the unease between the Planalto Palace and the President of the Senate. According to the allies, Lula did not consult Alcolombre before the decision, and he had already expressed his discomfort with the way the operation was being run. His favorite, as well as that of most senators, was Senator Rodrigo Pacheco (PSD-MG), whom Lula met before finalizing Messias’ name.
In the memo issued on Sunday, Alclumbre adds that “this is an outdated method of excluding anyone who does not agree with an idea or interest at the moment.”
He says: “No force should rule itself above another, and no one should have a monopoly on reason. Attempts to weaken the morale of others for the purposes of self-promotion cannot be allowed, especially on grounds that do not correspond to reality.”
Alcombre also states that if the president has the right to nominate a minister for the STF, “then the Senate also has the right to choose, approve or reject the name.” According to the senator, “It is necessary, in this process, for the powers to respect each other and for each to perform its role in accordance with the constitutional and regulatory rules.”
“After the decision was taken by the President of the Republic and published in the Official Journal of the Federation, it causes confusion for the Senate because the written message has not yet been sent, which appears to seek to unjustifiably interfere with the timetable set by the House of Representatives, which is the exclusive prerogative of the Federal Senate,” he says.
At the end of the memo, Alcolombre stated that the deadline set for the hearing “is consistent with almost all previous indications and allows for a definition in 2025, avoiding the delay that has been strongly criticized at other times.”
He concluded by saying: “Therefore, what is expected is that the democratic game will play out smoothly. On the part of this presidency, absolutely nothing outside the process will be able to interfere with the Senate’s free, sovereign and informed decision about what paths to follow.”
Although he holds relevant positions in the first, second and third levels of government, Colombre was indicating that he might expand the list of demands in exchange for working on Jorge Mesías’ approval in the Senate. According to Lauro Jardim’s article, one of the bargaining chips under discussion will be the presidency of Banco do Brasil, a position traditionally contested by political groups and which the senator has sought for years.
As O Globo showed, a week after President Luiz Inacio Lula da Silva announced the selection of the Federation’s Attorney General, the Planalto Palace had not yet sent the letter to the National Congress that made the nomination to the court official. Behind the scenes, allies claim the lack of communication could be strategic: Without notification in hand, the Senate will have to postpone the naming hearing, scheduled for December 10.
For Planalto, postponement could be a solution in the face of resistance to the Antichrist among senators. The idea is to have more time to negotiate votes in favor of the African Union, without the risk of defeat in the plenary session of the Senate, where it needs the support of at least 41 parliamentarians.
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. The appointment of Flavio Dino was announced in November 2023, within three days. Planalto set a period of 12 days as the deadline for identification as an argument that there would be no delay or delay in transmission.
If the government does not send the letter by December 3, Alcolombre will have to postpone the timetable set for processing Messias’ nomination in the Senate. He announced last Tuesday that he intends to read the letter in the plenary session next December 3 and the hearing the following week. The bylaws of the Senate stipulate that the appointed authority cannot be held accountable without the government sending the message.
Read the Senate President’s full memo:
There is a clear attempt by sectors of the executive authority to create a false impression, before society, that disputes between authorities are resolved through the adjustment of physiological interests, with positions and adjustments. This is an insult not only to the President of the National Conference, but to the entire legislative authority.
In fact, it’s an outdated method of excluding anyone who doesn’t agree with an idea or interest at the moment.
No power should rule itself above others, and no one should monopolize reason. It is also not permissible to attempt to weaken the morale of others for the purpose of self-promotion, especially for reasons that are not compatible with reality.
If the right of the President to nominate a Secretary to the Trust Fund is certain, so is the right of the Senate to choose, approve or reject the name. In this process, it is necessary for the powers to respect each other and for each to perform its role in accordance with constitutional and regulatory rules.
After the President of the Republic took the decision and published it in the Official Gazette of the Federation, it is puzzling to the Senate that the written letter has not yet been sent, which appears to seek to unjustifiably interfere with the timetable set by the House of Representatives, which is the exclusive prerogative of the Federal Senate.
In fact, the deadline set for the hearing is consistent with almost all previous indications and allows for a definition in 2025, avoiding the delay that has been strongly criticized at other times.
Therefore, it is expected that the democratic game will go smoothly. On the part of this Presidency, absolutely nothing outside the process will be able to interfere with the Senate’s free, sovereign, and informed decision on what paths to pursue.
Davy Alcolombre – President of the Federal Senate and the National Congress