The nomination of (PT) to take the attorney general of the Union, , to the (Federal Supreme Court) was rejected this Wednesday (29), in an episode considered a historic defeat for the PT member.
Messias’ appointment was resisted by the president of the House, Davi Alcolumbre (União Brasil -AP), who preferred the senator (PSB-MG).
After Alcolumbre obtained the support of the majority of senators, the Union’s attorney general did not obtain the necessary number of votes, at least 41, to become minister.
Understand why the rejection happened and the next steps.
Why didn’t Messias become a STF minister?
If there is a vacancy in the court, which has 11 ministers, the nomination falls to the President of the Republic. The chosen name is discussed in the Senate’s CCJ (Constitution and Justice Committee) and then needs to be approved by an absolute majority of the House’s plenary. Therefore, it is necessary to obtain at least 41 favorable votes among the 81 senators.
On Wednesday (29), Messias spoke to the senators and was questioned. by the CCJ, by 16 votes to 11, and went to the plenary for a decision. In this second stage, however, in secret voting. Therefore, he will not be taken to the STF chair.
Who will now be nominated for the Supreme Court vacancy?
Allies of President Lula with the vacancy on the STF. One wing defends leaving the seat vacant to avoid another defeat in an election year and given the lack of time for a new hearing before the July recess. Another group suggests indicating an “irrefusable” name — preferably a black woman.
When will the name of the new minister be analyzed?
Opposition politicians stated that . The opposition considers that the senator will only give in and allow Lula to be nominated if the chosen one is senator Rodrigo Pacheco (PSB-MG).
What will be the Lula government’s reaction to the defeat in Congress?
Allies of the president of Alcolumbre’s nominees, such as ministers Waldez Góes (Integration and Regional Development) and Frederico Siqueira (Communications).
A reaction from the president to the defeat, however, is expected next week, after the May 1st holiday and the identification of those responsible for the defeat.
The STF has two trial groups. In which it operates with four ministers since the retirement of Luís Roberto Barroso, the decision most favorable to the defendant automatically prevails.
In the plenary, depending on the nature of the process. In judgments requiring an absolute majority, the issue is considered to have been decided contrary to the request in the event of a tie.
In actions that question the constitutionality of an act, the law requires at least six votes in the same direction to recognize or reject the validity of a rule, which may force the suspension of the trial until the arrival of a new minister.
