Lula has 4 candidates for Barroso’s vacancy; know who they are

Minister of the STF announced his retirement this Thursday (9.Oct.2025) after 12 years at the Court

Minister (Supreme Federal Court) Luís Roberto Barroso, 67 years old, announced his retirement from the Court this Thursday (9.Oct.2025) during the Plenary.

“I feel that now is the time to follow other paths. I don’t even have them well defined, but I have no attachment to power and I would like to live a little more of the life I have left without the public exposure, obligations and demands of the position”, he said with a choked voice.

Now, it will be up to the president (PT) to nominate a new minister for the STF – he will be the 3rd name of the current administration, after Cristiano Zanin and Flávio Dino.

Barroso had already been talking behind the scenes about what he was considering after completing his term as president, which ended in September. With that, Palácio do Planalto began mapping possible names.

Today, there are 4 favorites. They are all considered Lula’s trusted names and were already, to a greater or lesser extent, on the radar when previous nominations were made to the Supreme Court in the PT member’s current 3rd term.

Read below about who are being considered to occupy a seat on the STF in the event of Barroso’s departure from the Court during the Lula government:

Bruno Dantas

.

He has a law degree from the Faculty of Law of Recife (UFPE) and a master’s and doctorate from the University of Brasília (UnB). He was deputy head of Legal Affairs for the Presidency in the government (PT), secretary of Regulation and Supervision of Higher Education at the Ministry of Education and legal consultant for the ministries of Education and Science, Technology and Innovation.

He was also an attorney for and fiscal advisor to the (National Bank for Economic and Social Development), always in PT governments. He spent the last few years at the senator’s office (PT-BA) as a junior parliamentary assistant.

In 2022, before being chosen minister, Messias led the six-fold list sent to Lula by Treasury prosecutors and Union lawyers with suggestions for command of the AGU. He has served as a prosecutor for the National Treasury since 2007.

Messias became known in 2016, when Lava Jato published a conversation between Lula and Dilma. At the time, the elected president was on the verge of becoming chief minister of the Civil House. By phone, Dilma said she was sending the “Bessias” with the term of possession, which should be used “in case of need”. She would be referring to the prerogative of privileged forum that ministers have.

Vinicius Carvalho

in December 2022.

He has a long-standing relationship with the PT and became close to President Lula for taking care of an area that often requires direct contact with the Palácio do Planalto. If appointed to the STF, he would also be a member of the “shock troop” by PT member Corte, but considered less ideological than Jorge Messias.

Vinicius has a solid academic background. He graduated in law from USP (University of São Paulo), where he received a doctorate in commercial law. He also has a doctorate in comparative law from the Université de Paris 1 Pantheon-Sorbonne, where he was a visiting professor.

Since 2014, he has been a professor at USP. He presided over Cade (Administrative Council for Economic Defense) from 2012 to 2016. He held the positions of secretary of Economic Law, advisor to Cade and chief of staff of the Special Secretariat for Human Rights, among other functions. Carvalho is seen as a candidate with solid legal training, but has little relevant political support outside the PT.

Rodrigo Pacheco

by the STF (Supreme Federal Court). In addition to Amapá, Pacheco was also part of Jair Bolsonaro’s government and also the main opposition party to the government.

He has a great relationship with the majority of the members of the STF and is considered a name that would not displease the current formation of the Court. During his management, .

The considered tone became one of his trademarks – which caused, at the same time, praise and criticism from senators, in addition to the contrast with the cluttered manner of Arthur Lira, then president of the Chamber. He left the presidency of the Senate, in February 2025, with a legacy.

Affiliated to the PSD, Pacheco is in doubt whether to leave politics to actually campaign to go to the Supreme Court or whether to accept President Lula’s calls to run for the government of Minas Gerais and join the Lulist campaign in 2026. He was even considered to be a minister in the government, but, in March, he told Lula that.

Barroso is 67 years old. He has been at the Court for 12 years, since his inauguration on June 26, 2013, following a nomination by former president Dilma Rousseff (PT).

STF RETIREMENT

In the Federal Supreme Court, ministers have a lifetime mandate, but are obliged to retire when they turn 75 years of age, as determined by the Constitution. This rule applies not only to the STF, but also to all higher courts and judicial positions.

Despite the mandatory age of 75, the minister can opt for voluntary retirement before that. There is no minimum length of stay at the Court to request dismissal, but the calculation of earnings takes into account the total time of public service and social security contributions.

In practice, ministers only leave their position in 3 cases: upon reaching the age limit, due to a personal decision to retire early or in the event of a process of losing their position due to a crime of responsibility — an extremely rare scenario, as it would depend on the judgment and approval of the Senate.

NOMINATION TO THE SUPREME

The President of the Republic does not have a deadline defined by law to appoint a new minister to the Federal Supreme Court after a vacancy opens. The choice can be made at any time, but until then, the Court operates with 10 members. The nomination must go through hearing and approval by the Senate before the official appointment and inauguration. In practice, although there is no time limit, there is usually political pressure for the definition to be quick, as the absence of a minister can cause draws in relevant judgments.

Here is how the analysis works in the Senate:

  • Sabatina at the CCJ – the nominee goes through a public hearing at the Constitution and Justice Commission. Senators ask questions about trajectory, positions and legal understandings;
  • Voting in the CCJ – the commission votes on the nomination in secret. If there is a simple majority in favor (half plus one of those present), the name goes to the plenary;
  • Senate Plenary – the final decision is taken by the 81 senators. Also in a secret vote, the nominee must obtain an absolute majority, that is, at least 41 votes in favor;
  • Appointment and investiture – if approved, the President of the Republic signs the appointment, and the new minister takes office at the STF.