A rule issued by in 2010, during the presidency of the House, prevents a new appointment to the (Supreme Federal Court) this year. , the president (PT) told allies that he will insist on the name of the Union’s attorney general for the court.
Lula’s allies are still analyzing the scenario. Part believes that the PT member should publicly announce his insistence on the name of Messiah, but only send the new message in 2027, if he is re-elected. Others point out that the government can question the act in court based on the thesis that the appointment prerogative is supported by the Constitution and could not be restricted by an act of the Senate, which is infraconstitutional.
It says: “The consideration, in the same legislative session, of an indication of authority rejected by the Federal Senate is prohibited.” Legislative session is the period when Congress operates each year. In practice, this means that Messiah’s name could only be considered again by senators in 2027.
Thus, if Lula formally nominates the Union’s attorney general to the STF, the president of the Senate, (-AP), will be able to file it ex officio, without the need for peer review.
According to interlocutors, Alcolumbre said that he does not intend to make another appointment to the STF this year and that the vacancy in question will be filled by a name defined by the next President of the Republic.
According to people close to him, Lula wants to reinforce that the choice is the prerogative of the President of the Republic. The name Messiah was, from an articulation of the right with the center. Alcolumbre tried to pressure the government to nominate the senator (PSB-MG), but was opposed.
Without a favorable gesture from Alcolumbre, Lula’s nominee did not reach the minimum necessary, even though he asked for support and presented himself to 78 of the 81 senators.
In conversations, Lula says he is aware that the Senate did not impose a personal defeat on Messias, but on his government. The AGU was rejected by 42 votes against and only 34 in favor, in a secret vote. The support of at least 41 senators was required.
It was the first time that the Senate, when five names chosen by Floriano Peixoto for the court were barred.
