After unprecedented defeat, Lula plans new appointment to the STF and will focus on a woman, sources say

President Luiz Inácio Lula da Silva (PT) plans to make a new nomination to the Senate for a name to fill the open vacancy on the Federal Supreme Court (STF), two people with knowledge of the matter told Reuters, after senators imposed a historic defeat on the president by rejecting his original nominee on Wednesday (30).

Now, Lula plans to nominate a woman to fill the vacancy in the Supreme Courtsaid one of the sources, in an attempt to make it more politically costly for senators to reject his choice. Still, some members of the president’s close circle remain skeptical about the possibility of him opening the door to suffering a new humiliating defeat in Congress. The STF currently has only one woman among its 11 members, and minister Cármen Lúcia is expected to retire in 2029.

The government leader in Congress, senator Randolfe Rodrigues (PT-AP), stated that the decision on who to appoint to the STF or when to do so must be exclusive to the president. “But I believe that the president must exercise his authority to nominate a name, whether male or female,” he said.

Lula was the first president of Brazil in 132 years to have a Supreme Court nominee rejected by Congressdemonstrating the growing tension in Brasília as the October elections approach, when the PT member will seek re-election.

Some members of the opposition argued that Congress should wait for the results of the election so that the winner can present his nominee. “The next name for the STF needs to reflect the will of the polls, with legitimacy, impartiality and new criteria”, Senator Rogério Marinho (PL-RN), leader of the opposition, published in X.

This position is reminiscent of the decision by the Republican-controlled US Congress not to consider President Barack Obama’s nominee for the country’s Supreme Court before the 2016 elections. The measure ended up allowing President Donald Trump to nominate several conservative judgesreshaping the ideological balance of the Supreme Court.

If a minister is not approved by the Brazilian Senate this year, the elected president will be able to appoint up to four members to the STF, potentially changing its balance. At the moment, two of the 10 acting ministers were appointed by former president Jair Bolsonarowith the vast majority coming from PT governments.

Several polls carried out in recent weeks have shown a tie between Lula and Bolsonaro’s son, Senator Flávio Bolsonaro (PL-RJ), for this year’s presidential election. “It makes no sense to wait and run the risk of not being able to make an appointment after the elections,” said a person close to Lula. “If the Senate chooses not to vote, it will be their responsibility.”