The minister was elected to assume the presidency of the (Supreme Federal Court), succeeding. The inauguration is scheduled to take place on September 29, and the mandate is two years, with no possibility of immediate reelection.
The succession in the presidency of the Supreme Court follows an internal tradition: the Court elects the oldest minister (longer in court) that has not yet performed the function. The vice is the second oldest.
In the case of Fachin and Moraes, the choice occurred through (13).
The vote, in this case, is secret, as provided for in the Court’s Rules of Procedure. The Court also establishes a minimum quorum of eight ministers for the election, prohibits the immediate renewal for positions and establishes that the plenary should elect the new occupants of the two positions in the second session of the month prior to the end of the office of the acting president.
Fachin completed, last month, ten years of Supreme. The expectation in the court is that the minister should impose his discreet and conciliatory profile in the management of the presidency of the Supreme Court, with more predictability of the judgment agenda in the plenary.
Born in 1958 in Rondinha, Rio Grande do Sul, he graduated in Law at UFPR (Federal University of Paraná) and has a master’s degree and doctorate in Civil Law from PUC-SP (Pontifical Catholic University of São Paulo). The minister has been part of the Supreme since 2015, appointed by the then president ().
In these ten years, he was responsible for more than 53,000 lawsuits on various topics. Some of the thorny ones were resources and actions arising from —Fachin inherited the lawsuits after the minister’s death in 2017.
The minister assumes the command of the court in a political and institutional pressure scenario marked by sanctions imposed by the government of US President Donald Trump, and other ministers.
The Supreme Court is also targeted public criticism of organized authorities and sectors and is under scrutiny about the role of the court in cases of great repercussion, including the actions of the 2022 coup plot, whose.
In addition to presiding over the plenary sessions, the STF president organizes the agenda of judgments, represents the court institutionally and commands the (National Council of Justice), a body responsible for the control and transparency of the judiciary.
The deputy, in turn, replaces the president when necessary and assists in the administrative and institutional conduct of the Supreme Court. The elected to the post was Moraes, who should also be the next to assume the presidency after the end of Fachin’s term.
Moraes was born in 1968 in São Paulo. He graduated from the Faculty of Law of USP (University of São Paulo), for which he obtained the title of Doctor and Free Tender. Currently still teaches at the institution.
He began his legal career as a prosecutor in São Paulo. He left the Public Prosecution Service in 2002 to be Secretary of Justice of the then Geraldo Alckmin government.
He went through other positions, as a municipal secretary of Transport and State Security, and advocate, until he is nominated for the STF by the then president (). He took office in court in 2017.
Within the scope of STF classes, the succession in command generates an exchange. Fachin currently integrates the second class. He will leave the vacancy when assuming the presidency of the court. The position will be occupied by Barroso.
Moraes remains in the first class, responsible for the rapporteur of the criminal action against the former president () in the process that investigates the scammer plot in 2022. The change in the command of the court, therefore, should not affect the trial.
The first class is chaired by and composed of,, Moraes e. The second class is chaired by and formed by, and Fachin, whose vacancy will pass to Barroso.
