The action states that the anticipation of the result by Davi Alcolumbre, president of the Senate, compromised the authenticity of the deliberation
Minister Luiz Fux, of the Federal Supreme Court, was chosen this Tuesday (May 5, 2026) as rapporteur for the action that questions the validity of Jorge Messias’ defeat in the Federal Senate. The action filed by a civil association states that the anticipation of the result by (União Brasil-AP), president of the Senate, compromised the authenticity of the parliamentary deliberation.
Last Wednesday (April 29, 2026), Jorge Messias had his name rejected by the plenary of the Federal Senate, becoming the first nominee by a President of the Republic to not obtain the minimum votes to take up a seat in the STF in 132 years.
Shortly after the announcement of the rejection, the president of the STF, minister Edson Fachin, published a note stating that he recognized the decision of the Legislative House and that the Court would await the appointment of a new name by the Executive.
Judicialization
The case was prosecuted by the Civitas Association for Citizenship and Culture on Saturday (May 2, 2026). The petition argues the lack of a valid deliberation and the will of congressmen in the decision. The request mentions the comment made by Davi Alcolumbre when starting the calculation of the final result in the plenary, when he stated that the nominee would “lose by eight”. For the entity, the speech indicates a violation of the secrecy of the vote.
“More than that, the existence of a pre-determined will that nullifies the deliberative nature of the Plenary”he declared. Read the of the request (PDF – 742 kB).
The action cites reports that indicated the active participation of the president of the Senate in convincing colleagues to block the name of Jorge Messias. “The parliamentarian’s freedom to vote is a prerogative inherent to the exercise of the representative mandate and presupposes a free, unencumbered and, above all, authentic process. When the result is anticipated and formally known before the conclusion of the vote, this freedom is frustrated – the senator does not vote according to his conscience, but executes a previously defined script”says the text.
Fux was chosen as the case’s rapporteur.
