President Luiz Inácio Lula da Silva (PT) reportedly told allies that he should nominate the Attorney General of the Union (AGU), Jorge Messias, for the vacancy on the Federal Supreme Court (STF) left by minister Luís Roberto Barroso. The information is from the newspaper Folha de S.Paulowhich states that the announcement should take place this week.
Lula’s trusted man, Messias is considered a name with a technical and political profile aligned with the government. The AGU is 45 years old and, if appointed, could remain on the Court for up to three decades.
How do you choose a STF minister?
The Constitution establishes that ministers must be natural-born Brazilian citizens, aged between 35 and 75 years old, with notable legal knowledge and an unblemished reputation. The nomination is the exclusive prerogative of the President of the Republic, and the Federal Senate is responsible for approving or rejecting the nominated name.
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The process includes a hearing conducted by the Constitution and Justice Commission (CCJ), in which senators question the nominee about his trajectory, legal convictions and institutional vision. After the hearing, the name is submitted to a secret vote in the CCJ and in the Senate plenary, with a simple majority required for approval.
With the approval of the Senate, the president signs the appointment decree, and the new minister takes office in the STF itself, as determined by the Organic Law of the National Judiciary. The position is for life, and compulsory retirement occurs at age 75.