Former secretary in the PT governments of and , says that the appointment of allies to the (Supreme Federal Court), without prioritizing legal knowledge, “miseducates society” and reinforces an “institutionally dangerous path”.
The president who must nominate the attorney general of the Union, , to fill the vacancy, amid the dispute that also had two other white men listed: the senator (PSD-MG) and the minister of the (Court of Auditors of the Union) Bruno Dantas.
A former member of the Presidency’s Secretariat for the Promotion of Racial Equality, a precursor body to today’s Ministry of Racial Equality, Harvey states that, despite recognizing the Messiah’s capacity, Lula should take into account the pressure from civil society for a black woman, bringing a more diverse image to the Supreme Court, at the risk of generating social and political frustration.
“There has to be a black woman in the Supreme Court. And now is the time. In fact, it’s past time. I should have put it in when it came out, I should have put it in when it came out,” he said. “We cannot have a Federal Supreme Court without representing almost 60% of the country.”
The court has never had a black judge in its entire history. Among women, there were three nominations: Ellen Gracie, Rosa Weber and —the latter is still a minister. Entities pressure Lula to choose a woman and to consider racial diversity for Barroso’s succession to the Brazilian Supreme Court.
The PT member already had the opportunity to nominate, but only nominated one woman, Cármen. He will now make the 11th appointment — with this vacancy, the president would have nominated the equivalent of the entire composition of the court.
Executive director of the Baobá Fund for Racial Equity, Harvey served as national secretary for Affirmative Action Policies, of the Secretariat for Policies for the Promotion of Racial Equality of the Presidency, between 2008 and 2009, in Lula’s second term, and returned to the body as executive secretary in 2013, under Dilma, remaining until 2015.
He recognizes that Lula changed the way in which members of the Brazilian Supreme Court were appointed in relation to his first two terms, much in light of what happened during the , when the PT member was imprisoned for 580 days. The conviction was later overturned.
Harvey also highlights the negative consequences of appointing allies, as occurred with Cristiano Zanin, formerly the president’s personal lawyer, and former Minister of Justice. For the former secretary, this trend was opened by () when he was appointed to the court.
“A Minister of the Supreme Court must have notable legal knowledge, and it is not just the exercise of public office that gives this. Law students, for example, read ministers’ decisions to discuss constitutional doctrine. Appointing allies, without prioritizing legal knowledge, miseducates society. The debate becomes shallow, turns into an exchange of offenses and a lack of jurisprudence”, he argues.
“Lula thinks about how the balance of forces will be in the STF, but this creates a bench court and this is not the tradition. The court has always been guided by notorious knowledge and balance, and reinforcing the division between allies is an institutionally dangerous path.”
In Harvey’s assessment, Joaquim Barbosa’s performance in the trial of the scandal gave the PT a bitter taste when it comes to indicating profiles that meet social expectations for diversity, but that may eventually go against public opinion or party interests.
Asked about Messias’ imminent appointment, Harvey states that he has the capacity to be a Supreme Court minister given his performance, including in the Secretariat of Legal Affairs under the Dilma government, when they worked together, but that the government should take into account the diversity of the court.
Regarding the role of Palácio do Planalto in the racial equity agenda, the former secretary sees the creation of the Ministry of Racial Equality as an advance, but criticizes the edition of the federal government, which had already achieved its goal when published.
For him, the publication of an already consolidated standard highlights the administration’s lack of knowledge on the subject. On the other hand, he says that Lula’s commitment to the racial agenda is undeniable, especially given what was done in previous terms.
” was topical when creating the Palmares Foundation, stating that political transformation would come, first, through the cultural sphere. It was topical when creating the Vocation Award Scholarship for Diplomacy, the strengthening of titling policies for quilombola territories. With Lula the progress was more significant with the creation of the secretariat and the reach of the racial equity policy for all ministries. Then, with Dilma, there was the systematization of confrontation in the government.”
“Lula’s commitment to this agenda is undeniable. In this mandate, racial equality gains structure and the minister has made efforts to move the agenda forward. The challenge, now, is to consolidate the transversality of politics and the federative structure in the search for racial equity”, he concludes.
