Ministers of the Federal Supreme Court have expressed discontent with the articulation of the government (), including the relationship with the magistrates.
According to reports made in a reserved way, the complaints range from the discredit in the process of nominations for vacancies in courts to the overload of the court’s agenda with impasses of the political sphere.
The criticisms gained prominence when the court addresses the conflict between government and congress around the validity of the presidential decree that increased tax rates (tax on financial operations).
Rapporteur of the case, the minister of rules issued by President Lula and the legislative decree that overturned the measures of the president. Moraes scheduled a conciliation hearing for the 15th.
In the dispute ,. Although ministers recognize that this is one of their attributions, ministers have defended a dialogue between executive and legislature, acting as a kind of moderating power.
The controversy, however, renewed an environment of great dissatisfaction of a court wing with what the government’s disarticulation would be. A minister points out that a high level dialogue between the Plateau and the Court is lacking.
Complaints in this regard accumulate, but when President Lula chose, in May, federal judge Carlos Pires Brandão for one of two vacancies for the (Superior Court of Justice).
Brandão was supported by the minister, the so -called pockets of the court, as well as the governor of Piauí, Rafael Fonteles (PT). The judge was chosen seven months after the STJ rose two lists of three names for the president to select two chosen.
In making a nod to Kassio, Lula displeased the STF exponents, sympathetic to another suitor to the vacancy. According to reports, the ministers, and Moraes would be contradicted of the choice.
The focus of this dispute remains on another list for a STJ chair, made up of members of the prosecutor.
In it are the prosecutor Sammy Barbosa, from the Public Prosecutor of Acre, the prosecutor Marluce Caldas, from the Public Prosecutor of Alagoas, and the Deputy Attorney General of the Republic Carlos Frederico Santos, from the Federal Public Prosecutor.
According to allies of the president, the favorite is Marluce Caldas, aunt of the mayor of Maceió, João Henrique Caldas (PL), JHC. Despite being from the party of Jair Bolsonaro (PL), the mayor has been trying to approach the base of the president.
Marluce’s choice could pave this approach. Defenders of Sammy Barbosa, STF ministers criticize the possibility of policy being adopted as a selection criterion for a higher court.
In addition to the frictions caused by the frustration of attempts at sponsorship, some STF ministers charge a general improvement in the government’s dialogue with the judiciary.
In the specific case of the IOF, magistrates advocate the lineup of other Planalto emissaries to discuss the topics in court, in addition to the Minister of (Attorney General of the Union),.
One of the names pointed out as accredited for this negotiation with the Supreme Court is that of Vice President Geraldo Alckmin (PSB). Justice Minister Ricardo Lewandowski is also remembered for the mission.
Coordinator of Lula’s prerogatives group and friend, lawyer Marco Aurélio Carvalho criticized what he calls the advances of the powers about each other’s prerogatives. For him, this is a pitiful boldness and a blatant disrespect for the principle of independence and autonomy of powers.
“It is a bad sign that members of the judiciary want to impose their choices on the President of the Republic, who has the constitutional right to make the indications that he deems most convenient,” he said.
Amid discomfort, the succession in the (Superior Electoral Court) also threatens to broaden a focus of indisposition between STF ministers. The case has already generated a problem for the president.
The crisis was opened from the minister, for the choice of starting ministers.
In one of the lists, Lula will have to decide among the former Secretary of Digital Rights of the Estela Aranha Ministry of Justice, the substitute minister of TSE Vera Lúcia Santana de Araújo and lawyer Cristina Maria Gama Neves da Silva.
Estela Spider is considered a personal choice of carmen. She would have the support of Dino, with whom she worked at the Ministry of Justice, and Gilmar Mendes. Vera Lúcia, in turn, would have the sympathy of Lewandowski and the head of the Civil House (PT), as well as members of the Prerogatives Group.
In the evaluation of government members, this dispute will also leave sequelae in the list with the court.
The second triple list includes André Ramos Tavares and Floriano de Azevedo Marques, two names linked to Moraes who closed their TSE terms on May 30. As there is only the possibility of choosing a name, any decision by Lula will eventually reduce the minister’s influence on the board.
