Ministers of the Federal Supreme Court (STF) with greater political dialogue prefer that President Luiz Inácio Lula da Silva choose Senator Rodrigo Pacheco for the seat left by Luís Roberto Barroso. But the parliamentarian is not unanimous in the Court: other ministers are betting that the Union’s attorney general, Jorge Messias, would be a better option to fill the vacancy.
The STF bench that supports Pacheco in the dispute includes Lula’s main interlocutors in the Court: Alexandre de Moraes, Gilmar Mendes, Flávio Dino and Cristiano Zanin. Cármen Lúcia, who is close to the senator, would complete the team.
On Tuesday, the 14th, Lula received Mendes, Dino and Zanin at the Palácio da Alvorada, as well as the Minister of Justice, Ricardo Lewandowski, who was part of the STF. The ministers limited themselves to saying that they wanted a strong name for the vacancy, without objectively suggesting a name. Lula said he would do that. He also did not say who would be chosen, nor did he ask the opinion of the members of the Supreme Court.
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This indicates two important points. The first is that Lula, out of deference to the Judiciary, wants to talk about the vacancy with STF ministers. The second is that the president will make the decision he considers most convenient, even if it is not to adhere to the preference of the members of the Court. After all, according to the Federal Constitution, it is the exclusive choice of the agent.
Despite the strong support for Pacheco, not every Supreme Court minister has this preference. Messiah is evangelical. Therefore, he is expected to take a conservative position when voting on matters of customs – the abortion process, for example. In this aspect, it has more affinity with another wing of the court, which includes André Mendonça, Kássio Nunes Marques and Luiz Fux.
Also on Tuesday, the 14th, Barroso received greetings from authorities and friends at a farewell party. Among those present were Nunes Marques and Fux, as well as ministers from the Superior Court of Justice (STJ). According to some of those present, the open vacancy in the Supreme Court was not debated. The guests said that the conversations revolved around “amenities”.
