Lula’s nominee must break tie judgments in the plenary and in the 1st Panel; The expectation is to reinforce Fachin’s wing
The possible approval by the Senate for the Federal Supreme Court could change the correlation of forces in the Court. As minister, Messias tends to reinforce the wing led by Edson Fachinwhich advocates the adoption of a code of ethics for magistrates and greater court self-restraint.
Currently, the STF has internal divisions. On the one hand, ministers such as , , , and have criticized Congress’ attacks against members of the Court. This group believes that the court has been the target of pressure, including amid investigations related to .
In recent decisions, such as the postponement of and in legal disputes over elections for a buffer mandate in Rio de Janeiroministers expressed criticism of questions about the conduct of members of the STF, especially in relation to Moraes, Toffoli and Gilmar Mendes.
In cases linked to Banco Master, Gilmar Mendes has been the only member of the 2nd Panel to disagree with the inquiry rapporteur, André Mendonçaon the conduct of investigations.
On the other hand, it has gathered support from ministers such as , , and by defending greater self-restraint and rules for the actions of magistrates. Fachin, Mendonça and Nunes Marques participated in the dialogue with senators in favor of Messias’ nomination.
Despite internal differences, support for the name of Messias is broad in the Court, with favorable statements from ministers to the president’s nominee (PT).
In the hearing, Messias needs at least 41 votes in the Senate to be approved for the vacancy opened with the retirement of Luís Roberto Barroso. The nominee has defended proposals associated with the Fachin administration, such as the adoption of a code of ethics, greater transparency in public agendas and self-restraint of the court.
If approved, Messias could influence ongoing trials at the Court, such as those related to the buffer mandate in Rio de Janeiro. It has also defended agendas linked to the protection of workers in new forms of hiring, such as outsourcing and digital platforms.
The Messiah hearing began this Wednesday (April 29, 2026). The nominee made a nod to the opposition when criticizing what he called “judicial activism” and attempts by the STF “legislate” through constitutional interpretation. “The STF is not the Republic’s moral control body”he declared.
Messias’ appointment was announced by Lula on November 20, 2025. The official message to the Senate, however, was only sent on April 1, 2026, four months later.
