CCJ of the Senate will hold this Wednesday (April 29th) the hearing of the attorney general of the Union Jorge Messias
Since the promulgation of the 1988 Constitution, the Federal Senate has never rejected a nomination for the Federal Supreme Court. In 37 years, 29 names were chosen for the STF by different presidents of the Republic and all received approval from senators to occupy a place on the Court.
The most recent was , appointed by the president (PT) in November 2023. Before him, he was also confirmed by the Senate in the same year.
The CCJ (Constitution and Justice Commission) of the Federal Senate will hold this Wednesday (April 29, 2026) the hearing of the Union’s attorney general, Jorge Messias. He was nominated by Lula to fill the vacancy on the STF after that of Luís Roberto Barroso, 68 years old, in October 2025.
The now retired STF minister decided to leave his position after 12 years at the Supreme Court, opening a new vacancy among the Court’s 11 seats. The mandatory retirement age in the Supreme Court is 75 years.
The last rejection of a nominee for the Supreme Court took place during the 1st Republic, in 1894, when the then president Floriano Peixoto had a nomination blocked.
HOW THE PROCESS WORKS
The Constitution determines that STF ministers must be native Brazilians, aged between 35 and 70, with notable legal knowledge and an unblemished reputation.
There is no legal deadline for choosing. The Chief Executive can make the appointment at any time and the Supreme Court operates with 10 members until the vacancy is filled.
The candidate usually takes into account technical and political criteria, and, in practice, the nominee generally has an ideological affinity with the president who chooses him.
Here are all the steps:
- Saturday at CCJ – the nominee participates in a public hearing at the Senate Constitution and Justice Committee, in which he is questioned about his 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.
