With Barroso’s retirement, Lula is expected to soon announce his successor; PT’s nominations in his 3rd term took more than 50 days
Survey of Poder360 points out that, Since redemocratization, presidents have taken, on average, 42 days to nominate candidates for vacancies at the STF (Supreme Federal Court). With the early retirement of minister Luís Roberto Barroso last Saturday (October 18, 2025), the expectation is that the president (PT) soon indicate the name of a successor for the vacancy.
Considering the 3 mandates, Lula’s nominations took, on average, 23 days. The confirmations of the latest PT nominees, Cristiano Zanin and Flávio Dino, took more than 50 days.
By making his 11th appointment to the Supreme Court, the current president also consolidates himself as the president who most influenced the composition of the Court. He is followed by José Sarney (MDB) and Dilma Rousseff (PT), both appointed 5 ministers.
- Lula: 11 nominations, with an average of 23 days;
- (MDB): 5 indications, with an average of 22 days;
- (PT): 5 indications, with an average of 152 days;
- 4 indications, with an average of 36 days;
- (PSDB): 3 nominations, with an average of 14 days;
- (PL): 2 nominations, the only president who nominated before the minister left.
- Itamar Franco (1930-2011): 1 nomination, took 12 days;
- (MDB): 1 indication, took 18 days.
During the investigation, the Poder360 measured the time from vacancy in the position to the official appointment of all 31 ministers sworn in from September 1985 to Lula’s 3rd term. Dilma was the president who took the longest to make nominations, with an average time of 152 days.
The former president was responsible for presenting the name of the current president of the Court, minister Luiz Edson Fachin, to fill the position of minister Joaquim Barbosa almost a year later. With the intention of bringing forward Barbosa’s retirement in July 2014, the then president decided to present her nomination after the 2014 presidential elections, in which she was re-elected. Officially, Fachin was only appointed on April 14, 2015, after a gap of 258 days of vacancy.
On the other hand, Jair Bolsonaro (PL) was the fastest and the only one who nominated someone before the vacancy was officially opened. On that occasion, Bolsonaro decided to nominate minister Kassio Nunes Marques 12 days before the retirement of minister Celso de Mello. In a live on social media, the then president said that, due to the Covid-19 pandemic, there was a rush in the nomination.
Bolsonaro’s 2nd nominee, minister André Mendonça, was appointed 7 days after the departure of then minister Marco Aurélio de Mello. However, Mendonça established himself as the nominee who waited the longest to be questioned since redemocratization. The hearing at the CCJ (Constitution and Justice Commission) was only held 142 days after the appointment by the former president.
According to the survey, the average time between nomination and approval by senators is 17 days. There are at least 3 cases of ministers who had their names approved within 1 day: ministers Sepúlveda Pertence and Celso de Mello, nominated by José Sarney; and minister Maurício Corrêa, appointed by Itamar Franco.
Historically, the choice of new Supreme Court ministers considers 3 main profiles:
- Career magistrates, who built a career in state or higher courts, such as Rosa Weber, Teori Zavascki and Luiz Fux;
- Prominent lawyers, with notoriety in public or private law – recent cases include Barroso and Cristiano Zanin;
- Political or legal figures with strategic positions, such as Ministers of Justice or AGU, before reaching the Supreme Court – examples are Gilmar Mendes, Flávio Dino, Alexandre de Moraes and Nelson Jobim.
Since former president Michel Temer, appointments reveal a tendency for people with a political background to be chosen. This increases the chances of approval, especially given the tense relationship between the Executive and Legislative branches, says Ana Laura Barbosa, professor of constitutional law at ESPM.
The impact of the appointment goes beyond the plenary. According to her, each minister exerts significant influence, individually and in the STF groups, especially in criminal trials and in cases of great public repercussion. Occupying a vacancy in a class can change the balance of forces and define majority positions on sensitive matters.
The choice also has repercussions on the president’s political legacy. Ana Laura Barbosa explains that Lula’s previous appointments shaped the court during what experts call “golden age of fundamental rights”with ministers such as Joaquim Barbosa, Ricardo Lewandowski and Cezar Peluso.
“A moment in recent history, from 2004 to 2012, in which the Supreme Court gained considerable prominence in politics and the public sphere, but still enjoyed a relatively greater public reputation and esteem than that which exists today”it says.
UNDERSTAND WHAT THE CHOICE PROCESS IS
There is no legal deadline for choosing. The Chief Executive may make the appointment at any time. In practice, although there is no time limit, there is usually political pressure for the definition to be quick, as the absence of a minister can cause draws in relevant judgments.
The decision usually takes into account technical and political criteria, and, in practice, the nominee generally has an ideological affinity with the president who chooses him.
The Constitution determines that ministers must be native Brazilians, aged between 35 and 70, with notable legal knowledge and an unblemished reputation.
The appointment depends on the approval of the Senate. Here’s how it works:
- Saturday at CCJ – the nominee undergoes a public hearing at the Constitution and Justice Commission. Senators ask questions about trajectory, positions and legal understandings;
- vote in the CCJ – the commission votes on the nomination in secret. If there is a simple majority in favor (half + 1 of those present), the name goes to the plenary;
- Senate plenary – the final decision is taken by the 81 senators. Also in a secret vote, the nominee must obtain an absolute majority, that is, at least 41 votes in favor;
- appointment and tenure – if approved, the President of the Republic signs the appointment, and the new minister takes office at the STF.
QUOTED
For the vacancy left by Barroso, there are: the senator (PSD-MG), the minister of the TCU (Tribunal de Contas da União), the minister of the CGU (Comptroller General of the Republic) and the minister of the AGU (Advocacy General of the Union), .
