The Union’s Attorney General defended greater dialogue between Powers in a speech read this Wednesday (Oct 22)
Considered to take up the open position at the STF (Supreme Federal Court), the minister of the AGU (General Attorney’s Office) Jorge Messias stated this Wednesday (22.Oct.2025) that the Court has “demonstrated notable improvement in its role” of interpreting the Constitution.
“Over the last few decades, the STF has demonstrated a notable improvement in its role in the diffuse control of constitutionality, increasingly approaching concentrated control. This occurs especially in terms of the binding effectiveness of its precedents”, these.
The speech took place during the 28th International Congress of Constitutional Law of the (Institute of Development and Research), on the panel “Contemporary perspectives on constitutionality control: between structural actions and the objectification of incidental control”.
In his speech, the minister also highlighted the need to maintain harmony between the Powers for the execution of the so-called “structural processes” – actions on fundamental rights that reach the STF and require the execution of public policies. Here is the of the text read by Messias (PDF – 1 MB).
“It is necessary to respect the space of the Legislative and Executive branches in formulating public policies”, these. “Political choices should not be transferred to the judiciary without detecting an absolute, clear, patent Executive or Legislative omission”.
For the AGU, the Judiciary must be the “coordinator” e “inducer of agreed solutions” in complex cases involving public policies, social inequalities and “multiple institutional actors”.
According to him, the STF’s decisions on constitutional issues are no longer “a mere instrument of legal correction” and today, they are part of a “constitutional governance“. Messias stated that the Supreme Court has committed to “practical realization of fundamental rights”.
The minister also highlighted the legacy of the AGU: he said that the General Advocacy has stood out as an agent of mediation and dialogue with the Judiciary, “ensuring both the responsible execution of the Supreme Court’s decisions and the preservation of interinstitutional balance”.
Messias also recalled the beginning of his administration during the presidency of then minister Rosa Weber at the Court. “As soon as I took over as attorney general of the Union, we began an important exchange between the AGU and the STF, aiming to improve institutional dialogue, which presupposes, in my opinion, the judicial solution of structural problems in a dialogued, agreed manner”these.
NOMINATION TO THE STF
With the early retirement of Luís Roberto Barroso, this Saturday (Oct 18), Messias consolidates himself as one of the main candidates for the vacancy on the STF.
As anticipated by from Drive on Tuesday (Oct 21), newsletter exclusive to subscribers of Poder360President Luiz Inácio Lula da Silva (PT) had a conversation at Palácio da Alvorada, with the president of the Senate, (União Brasil-AP), in which the appointment of the AGU was confirmed shortly after the . He returns on October 28th.
But before publicly revealing who his favorite is –Jorge Messias, Minister of General Advocacy of the Union–, Lula must talk to the senator (PSD-MG), which was the favorite of Alcolumbre and Supreme Court ministers, such as Gilmar Mendes and Flávio Dino.
In the conversation with Alcolumbre, Lula once again said what he has been saying to several interlocutors: that the nomination of names for the Supreme Court must be exclusive to the President of the Republic. He reaffirmed that he will not accept suggestions.
On these occasions, Lula usually cites cases in which he heard recommendations from third parties in the past and regretted it later, as happened with the ministers e (nominated by Dilma Rousseff in 2011, but also endorsed by Lula).
The PT member told Alcolumbre that he will continue to give prestige to the president of the Senate, an important ally, but asked him to understand that, in the case of the name for the STF, he will decide alone – and suggested that it will be Jorge Messias.
If everything goes as Lula intends, in the middle of next week Messiah’s name will be announced and the process will be accelerated in the Senate. The idea is that approval will take place in 2025 – and the current AGU minister will take office at the Supreme Court before the Judiciary goes into recess, in mid-December.
