The minister, from , stated this Monday (1st) that his role in the (Superior Electoral Court) will be one of “description and impartiality”. He will be one of four members of the Federal Supreme Court to make up the electoral court next year.
“I support the view that a good football referee is the one who doesn’t show up. The good judge also has to be the one who doesn’t show up,” said Mendonça, highlighting the importance of an “environment of stability” in an electoral context, in which there are already “natural tensions”.
The statement was made at an event by political consultancy Arko Advice at the headquarters of investment manager Galapagos Capital, in São Paulo.
Although he did not quote by name, Mendonça with the minister, who is a constant target of attack by Bolsonarists.
Mendonça was nominated to the court by , convicted of the coup plot, in a process reported by Moraes.
The composition of the TSE has three vacancies occupied by STF ministers, elected internally for biennial terms. Three other ministers from the (Superior Court of Justice) and two lawyers appointed by the Supreme Court also make up the electoral court.
Mendonça also criticized what he called case-by-case decisions. “I cannot have decisions taken ad hoc, case by case. It is that decision that provides everything for friends, nothing for enemies. This, in the judicial sphere, without a doubt, but also in the administrative sphere.”
According to him, it is important to avoid the risk of “an unexpected burden and a loss of legitimacy, trust and legal security in all agents, individuals or legal entities affected by that decision”.
The minister commented on how he intends to handle the legal consequences of the . He is the rapporteur at the STF in the case of illegal deductions in the retirement and pensions of beneficiaries of the social security service.
“In this case, expect responsibility from me, treat everyone equally, respect rights and guarantees. [..] And ensure that the Federal Police can carry out the corresponding investigations in a disinterested manner”, he said.
Mendonça took advantage of the topic to congratulate Alfredo Gaspar (-AL) by name. The congressman is a rapporteur for the CPMI (Mixed Parliamentary Commission of Inquiry) which investigates the deviations and spoke afterwards.
Gaspar said that there are “at least 200 people to be arrested” with the investigations into INSS deviations. He criticized what he called impunity for corruption in Brazil, stating that he was unaware of people currently imprisoned for committing these crimes.
On Thursday (27), requests were made to summon the Union’s attorney general, Jorge Messias, to testify. He was nominated for the STF and depends on the approval of the majority of senators to obtain the position.
The postponement was a government maneuver. For the rapporteur, the move is intended to “shield” the call.
“What do we want with the call [de Messias] is that he explains the actions of the AGU, whether or not there was protection from unions linked to the government, including Contag and Sindnapi. I think it’s natural in a democracy for people to have an interest in accountability,” said Gaspar.
Messias —responsible for the hearing and approval for the STF vacancy— and, mainly, the president of the House, Davi Alcolumbre (-AP). The AGU’s call to the CPMI is considered.
Within the Supreme Court, Lula’s nominee has the support of Mendonça. Both are evangelicals and headed the AGU when their names were selected for a vacancy on the Supreme Court. The rapporteur of the INSS case at the Supreme Court was the first minister of the court and stated that he would help with dialogue with senators.
When talking about parliamentary amendments, Gaspar criticized the STF’s actions. “We have a Federal Supreme Court that saw the weaknesses of the other Powers and came in,” said Gaspar, stating that Mendonça is not part of this type of conduct.
The minister once again spoke about public security and the concern that the topic arouses. He recalled the World Bank’s global governance criteria, recycling part of the speech made at the Lide group’s executive lunch, on November 17th.
Mendonça stated that “we forget that security measures are important for the democratic rule of law”. “An American ambassador asked me, when I was Minister of Justice, if I knew what was the third commodity that Brazil exports the most. I said no, and he replied: ‘drugs'”, he said.
