Presidents of the (Supreme Federal Court) have accumulated political power over the last 20 years, becoming central actors, with strategic roles in governance and mediation between the Powers. The finding comes from a recently published study by researchers from UFMG, FGV, PUC-Minas and Ibmec.
The group investigated how the role went from something predominantly ceremonial to a position of greater protagonism, consolidating itself as a position of political and institutional influence.
“The article works as a kind of historical map that allows us to read the present more clearly”, says professor Marjorie Marona, from the Federal University of Minas Gerais, one of the authors.
The study cites Luiz Gallotti, president of the STF from 1966 to 1968, who demonstrated dissatisfaction with the role, and Aliomar Baleeiro, head of the court from 1971 to 1973, who compared the position to that of a “waiter”.
Just compare their figures with that of , the current occupant of the position, who wants to create one for the court, despite .
“When today we see the president of the STF open the judicial year with a first order, or when we see a minister suspend a decision made by another during the recess, or when we see the president of the court simultaneously presiding over the CNJ and influencing the agenda of the entire Brazilian Judiciary, we are seeing the final product of decades of institutional transformation”, says Marona.
Historically, the president’s role was limited. There were no extraordinary powers in urgent situations nor was it common to vote on judgments in the plenary.
Today, the president decides urgent issues during recess, manages the court’s budget, participates in all assessments, represents the court institutionally, establishes the agenda, distributes cases, as well as presides over the (National Council of Justice).
This was not a sudden turnaround. Research shows that evolution is due to a succession of changes in organizational rules and day-to-day practice. There was a gradual process that gained traction from 1988 onwards.
Journalist Felipe Recondo, author of books on the history of the STF who also authored the study, states that each administration responds to specific circumstances, such as the pandemic, the Jair Bolsonaro government or the 8th of January, but also reflects personal styles.
Under strong leadership, the Supreme Court presidency is capable of speeding up critical cases, creating cohesive majorities and projecting its position on issues of high political and social pressure.
President of the Supreme Court from 2018 to 2020, Dias Toffoli, who ordered the release of prisoners before all resources were exhausted — something that could have benefited the then former president Lula (PT), the target of the .
The Toffoli administration, on the other hand, was marked by coordination with other Powers in the search for political stability in the midst of a period of tension, with the government of former president Bolsonaro.
In addition to having faced the reconstruction of the court after January 8th, the presidency of , from 2022 to 2023, stood out with agendas related to human rights and gender issues. In the last days of her management, in the first 12 weeks of pregnancy.
There is, however, a caveat. Two changes consumed part of the presidents’ powers: , which allows a case to be released for trial without the need for a date to be set by the presidency, and the practice of ministers issuing .
According to Marona, “if this trend deepens, the position could lose internal decision-making muscle even without any formal reform.”
For her, what will define the real weight of the position in the coming years will not just be the rules, but the profile of whoever holds the presidency and the ability to navigate an environment of increasing pressure and increasingly contested margins for maneuver.
Based on the study, the researchers created a new typology for analyzing presidencies, based on variations in style and different strategies. There are four categories: ceremonial presidency, negotiating presidency, independent presidency and protagonist presidency.
| Typology | Definition | Example |
|---|---|---|
| Ceremonial presidency | Characterized by leadership focused on traditional, formal and bureaucratic functions, with minimal participation in political negotiations | Luiz Gallotti (1966-1968) |
| Negotiating presidency | Defined by mediation and coordination between the Powers and sectors of society in the search for enabling reforms and building bridges | Nelson Jobim (2004-2006) and Dias Toffoli (2018-2022) |
| Independent presidency | It has an autonomous and assertive leadership that prioritizes the independence of the court and legitimacy before society | Joaquim Barbosa (2012-2014) |
| Protagonist presidency | Model of greater visibility and direct engagement in public debate, which uses the prerogatives of the position to influence politics and society | Gilmar Mendes (2008-2010) and Rosa Weber (2022-2023) |
