The tendency towards a quick decision by Luiz Inácio Lula da Silva to nominate Luís Roberto Barroso’s replacement at the Federal Supreme Court (STF) is at odds with the delay observed in the other two appointments made by the president in this administration. Flávio Dino needed 58 days to be confirmed by the PT member, and Cristiano Zanin, 51. They were the two who waited the longest among the 11 ministers that Lula selected for the Court during his three terms in the Planalto.
Today, ten days have passed since Barroso announced his retirement — he officially left the Court on Friday — and the president is moving towards choosing the Minister of the Attorney General’s Office (AGU), Jorge Messias, considered a man of trust. So far, only Eros Grau and Ayres Britto, with four days each, were nominated by Lula in less than ten days.
On the side of those who delayed, only Cármen Lúcia, at 42 days, had waited almost as long as that of Dino and Zanin. The other seven needed less than 20 days to be called up.
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After being nominated by the President of the Republic, the candidate for Minister of the Supreme Court still needs to be examined by the Senate. It is the moment when senators provoke the candidate with questions related to the exercise of the position or his opinion on sensitive topics.
The only three times the House barred names were in 1894, in the First Republic, during the government of Floriano Peixoto.
Doctor Barata Ribeiro experienced a curious situation. As at the time the minister began to exercise his role before approval by the Senate, he became a member of the Supreme Court, but was later vetoed by parliamentarians.
In Brasília, what is said is that taking a faster decision would make Lula avoid a “soap opera” surrounding the choice, with increased pressure from guarantors of those considered for the position. In addition to Messias, the names considered are senator Rodrigo Pacheco (PSD-MG) and minister Bruno Dantas, from the Federal Audit Court (TCU).
Both have strong supporters in politics and the Judiciary, but Lula’s proximity to Messias is a decisive asset. In this term, by appointing Dino and Zanin — who were, respectively, Minister of Justice and the president’s personal lawyer —, the PT member has shown signs that he will not give up jurists with whom he has a more direct channel.
