What would be the size, durability and effects of the presumed institutional crisis if the Union’s attorney general, , to the Federal Supreme Court refuses to do so?
There is no precise answer, but there are possible guesses. The lack of the element of surprise would reduce the dimension; with ups and downs, the conflict would last until the election of the next person and the consequence could be either an intensification or a pragmatic calming of tempers, depending on the interests at stake.
Looking at the scene coldly, there are no defeats or victories. The Executive and Legislative branches are in a stalemate situation in which neither is right in their complaints about the role of each in their respective choices.
The Senate was upset with Messias’ nomination and Planalto was unhappy that the president of the Chamber had chosen (PP-SP) to report on the anti-faction project.
In the case of disapproval, one thing seems certain: the only one not to be nominated would be precisely the Senate’s favorite, (-MG), under penalty of Lula (PT) transferring the prerogative of nomination to parliamentarians. This is reserved for the President of the Republic, but the senators decide whether or not the nominee goes to office.
This is the rule and, in theory, it includes the possibility of disapproval of the name. Since the band’s tune is not the result of anti-republican nonsense, this hypothesis takes on the appearance of a crisis. Who knows, perhaps going through the experience would bring us some reassuring learning?
The president would just choose someone else. Lula certainly knows a lot of prepared people in the legal world. Legal professionals who would brilliantly pass accurate hearings, capable of testing knowledge and skills.
In the universe of notorious knowledge and unblemished reputation, there are women. Choosing one of them would add the necessary gender representation, inhibit refusals and also help to place the senators’ analysis outside the field of occasion advantages.
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