The attorney general of the Union, appointed by the president () to a vacancy in the (Federal Supreme Court) began his hearing at the CCJ (Constitution and Justice Commission) preaching self-restraint on the part of the court and stating that its “identity is evangelical”. Follow
Messiah presented himself to the senators as a “servant of God”, but defended the secular State. When asked about , he responded that he was “totally against it” and said that he would not take “any type of action or activism” on the subject.
After praising the Supreme Court as a “central institution of our democratic arrangement”, Messias said that it is the court’s duty to improve itself and “convince society that it has effective tools of transparency and control”.
The defense of limits to the Judiciary is a nod to Congress, especially to Bolsonaro supporters, due to the actions of CPIs and pressure for impeachment and investigation requests. The scandal, which implicated STF ministers, also contributes to the conflict.
With the prediction of a close vote, Messias also nodded to the president of the Senate, (-AP), when quoting him. Alcolumbre is the main opponent of Lula’s choice as Messiah.
Messias said that every Power “must be subject to rules and restraints”, that demands for transparency are valid and that the individualized actions of STF ministers are harmful.
“The challenge is not to move the court away from political issues, which are inevitable, but to implement measures that reinforce the perception of impartiality of its judges,” he said.
Discretion, self-restraint and institutional deference to other Powers on the part of the STF are the way, according to Messias, to neutralize authoritarian speeches that try to weaken the court.
“The perception that judges are refractory to complying with rules undermines the legitimacy of constitutional courts,” he stated. Later he said that “there is nothing worse in this country than a judge who does not have clear knowledge of his limits.”
In yet another gesture to stifle the idea that he could reinforce the conflict between the STF and Congress, Messias stated that judicial activism causes concern. He said that the Supreme Court is today a kind of “third legislative House”, but defended that the court should have a restricted role, without acting as the “Procon of politics”.
The nominee was also asked about AGU’s performance in . For Bolsonarists, the body sided with the STF in excessive punishments for those convicted.
“I will never be happy about adopting measures restricting someone’s freedom, I did it out of obligation, out of a duty of office. […] I didn’t do it with joy, I did it with pain,” he said.
The attorney general did not fail to criticize the attempt to regain power by force and highlighted that Lula had been democratically elected.
Lula’s main opponent in the election, the senator (-RJ) questioned Messias about what he saw as an intervention by the STF in Congress to block the proposed amnesty for coup plotters. Messias stated that legislation on amnesty is a matter of exclusive competence of the Legislature, that members of the court cannot interfere and, finally, defended conciliation.
Asked about the end of the fake news investigation, an instrument used by Alexandre de Moraes to target opponents, Messias argued that the processes need to have a “beginning, middle and end and a reasonable deadline”. According to him, “no one can be investigated for their entire life” and “criminal proceedings are not revenge, they are justice.”
Throughout the hearing, Messias also responded about the AGU’s actions to take down posts considered disinformation, a subject addressed by (PL-PR), for example, and defended the agency’s action to compensate those harmed in the INSS scandal.
By highlighting his evangelical credentials, in turn, Messias nods to the religious bench — one of his assets in the attempt to collect votes among the most conservative senators.
Messias highlighted that he had “the fortune of being born into a family of evangelicals” and that faith “saved” his life. The AGU to reduce opposition resistance to its name.
Despite this, Messias stated that “being evangelical is a blessing, not an asset.”
Faced with uncertainty in the score and tight forecasts, the Palácio do Planalto with senators in the final stretch of the process, which began in November and generated a .
In addition to passing the scrutiny of the commission, made up of 27 members, Messias needs to win 41 votes among 81 senators, in a secret deliberation that should take place in the plenary this Wednesday, after the hearing. The last arguments of nominees to the STF lasted between 7 hours and 11 hours.
This month, Senate leaders promoted changes in the composition of the CCJ to help Messias with the entry of five names more aligned with the government. The entry of former minister Renan Filho (MDB-AL) in place of Sergio Moro (PL-PR) and Ana Paula Lobato (PSB-MA) in place of Angelo Coronel (PSD-BA) stands out.
Among the current STF ministers, the longest hearing was that of Edson Fachin, in 2015, which lasted 12h39. The shortest was, in 2006, 2h11. The tightest scores, with 47 votes in favor, were and .
Before the hearing, Messias personally presented himself to more than 75 senators, but was not formally received by Alcolumbre, who was asked by the president of the Senate to unlock the support of the group of congressmen linked to him and, thus, guarantee approval.
Without this signaling, the result must be defined by a small margin of votes. Messias and Alcolumbre only had a brief and informal conversation during an event at the minister’s house. At the time, the AGU asked for support, but the senator did not commit.
Upset with the choice of Lula by Messias and not by senator Rodrigo Pacheco (PSB-MG), Alcolumbre even worked to reject the nominee. In the last five months, government coordination has alleviated the situation.
In conversations with senators and now in the hearing, the attorney general’s objective is, he is not punitive and defends the family — in other words, he is not the ideological PT member portrayed by his opponents.
Appointed to replace Minister Luís Roberto Barroso, Messias was a Central Bank attorney, Treasury attorney, legal advisor to the Ministries of Education and Science, Technology and Innovation and chief of staff to the senator (PT-BA), before taking over as head of the AGU in the Lula 3 government.
A trusted name for Lula and the PT, Messias was deputy head of Legal Affairs at the Civil House from 2014 to 2016, in the (PT) government. At the time, when mentioned by the PT member in a conversation with Lula intercepted by Operation Lava Jato, ten years ago. The then president tried to appoint Lula as minister amid the impeachment crisis.
Messias prepared to respond to the topics covered, such as the INSS and Master scandals, in addition to the crisis between the Powers.
According to allies, Messias shares the view of many senators that there is exaggeration in interference in the Executive and Judiciary and is in favor of the code of ethics proposed by the president of the STF, Edson Fachin. The AGU has also told people close to it that it does not agree with the use of investigations to frame political enemies.
In the nomination process, Messias had help from minister André Mendonça, also an evangelical. On the other hand, , made up mostly of names from the Bolsonarist right.
In addition to Mendonça, Messias had help from ministers Kassio Nunes Marques, both nominated by (PL), and ministers Cristiano Zanin and .
By announcing the choice of Messias, on November 20, Lula contradicted most of the Senate and the STF, which preferred Pacheco’s nomination, e.g. The nomination on Black Awareness Day also generated criticism from entities.
