In the final stretch before the Saturday of the Senate for a vacancy in STF (Supreme Federal Court), the advocate general of the Union, Jorge Messiashas visited senators and prepared to respond on thorny issues, in addition to maintaining the expectation of a meeting with the president of the House, David Alcolumbre (União Brasil-AP).
This Wednesday (22), senators rescheduled the hearing, again for the 29th, the date originally scheduled — they even brought forward the scheduling by one day, but went back.
In the midst of recent clashes between the Legislature and the STFMessias must defend senators that the separation between Powers is essential and that the Judiciary sometimes takes precedence over the prerogatives of Parliament and the Executive. It must state that judges need to have limits and that a code of ethics for the judiciary would be important.
The indication of Lula (PT) announced in November and sent to the Senate only on the 1st contradicted the President of the House, who began to initially work against approvalsubject to the approval of at least 41 of the 81 senators.
What Messias and his allies achieved in four months was the neutrality of Alcolumbre, whose relationship with Lula has been improving. The group is still counting the votes and says they believe that the AGU will be approved, despite the Bolsonaro opposition claiming that it will not.
Allies also take advantage of the fact that the vote is secret, which allows opponents to endorse the name indicated by Lula.
Messiah’s interlocutors say they trust the minister’s ability in personal conversations. He is considered by allies as someone good at dialogue, a peacemaker and a technician, in addition to being evangelical, which helps among conservatives. In meetings with senators, he has presented his history and experience in public office to try to deconstruct the image of an ideological PT member.
In recent days, Messias has been with opponents such as Carlos Portinho (PL-RJ) and senators from the government base, mainly from the MDB. The kiss has already reached more than 75 senators, and the optimistic count of votes in favor is around 48.
Those around Messias want Alcolumbre to receive him and for the meeting to consolidate the understanding between them, as the nominee would not have any regrets. For him, it would be natural for the president of the Senate to prefer his ally Rodrigo Pacheco (PSB-MG), whose aspirations for the STF are also seen as legitimate.
This group celebrated what they saw as positive signs from Alcolumbre, how to book the hearing and allow the pilgrimage of Messiah in the House. Despite still working for his support, pro-Messiah senators say they cannot demand this from Alcolumbre, that they respect his position and that it is a great help that he does not show opposition.
In the same way, gestures from Pacheco, who has already praised Messias publicly, they were also read as important. Messias’ assessment to those close to him is that the support for the senator in the House was expected, as was the frustration, which requires time to heal.
The articulation by votes involves several fronts. In the STF, the help given by ministers André Mendonça and Kassio Nunes Marques It was essential, according to allies. Cristiano Zanin and Gilmar Mendes also participated.
In the Senate, Teresa Leitão (PT-PE) and Dr. Eudócia (PSDB-AL), who is evangelical, are in charge of convincing the women’s bench, of 15 members. In addition to evangelicals and government supporters, Messias has the support of the MDB and PSD.
APPROVAL SCOREBOARD OF STF MINISTERS IN THE SENATE
- Flávio Dino: 47 to 31, with 2 abstentions
- Cristiano Zanin: 58 to 18
- André Mendonça: 47 to 32
- Nunes Marques: 57 to 10, with 1 abstention
- Alexandre de Moraes: 55 to 13
- Edson Fachin: 52 to 27
- Luiz Fux: 68 to 2
- Toffoli Days: 58 to 9, with 3 abstentions
- Carmen Lúcia: 55 to 1
- Gilmar Mendes: 58 to 15
To be approved, the head of the AGU must try to avoid political disputes and contamination by the case of Master Bank. The hearing takes place at a time of high tension between the Senate and the STF, after the clash around CPIs regarding their extension and the request for indictment of ministers.
Speeches by Bolsonarists against the court dominated the plenary last week, with splashes on Messiah.
“If we want to preserve a liberal democracy, which allows for different views of the world, the time has come, and the great response that this Parliament can give. (…) We need to say no to Mr. Jorge Messias, whom I respect as a citizen, but I cannot believe that he, within the Federal Supreme Court, will contribute in any way to improving the credibility conditions of that institution”, said the opposition leader, Rogério Marinho (PL-RN).
Defender of Messiah and nomination rapporteur, Weverton Rocha (PDT-MA) says he “fulfills all the requirements.”
“He has renowned legal knowledge, has an unblemished reputation and is the Union’s attorney general. He is a young person who has a brilliant career,” he stated.
Despite expecting difficult topics in the hearing, Messias’ assistants say he will avoid banana peels and topics such as the clash between Gilmar and Alessandro Vieira (MDB-SE). The attorney general already has ready answers to recurring or controversial questions.
For sensitive topics, such as the Master, the response must be institutional, in the sense that the scandal is serious, but that the analysis must be procedural, regarding evidence and authorship, without pre-judgment and with broad defense.
The speech regarding the scandal of INSSthe CPI theme, is that the scheme was disrupted during the Lula government. Messias must defend the work of the AGU, saying that the body led the construction of the proposal for the return of amounts to those affected last July.
Abortion, January 8 and amendments
The nominee’s assistants list among possible topics for the hearing: abortion and the January 8th. In the first case, Messias will defend the 2024 AGU opinion that ruled on the unconstitutionality of a CFM (Federal Council of Medicine) resolution that prohibited legal abortion in fetuses over 22 weeks. He claims to have a legalistic stance on the matter.
The AGU argues that the resolution made legal abortion in cases of rape difficult, in practice, and that it is not up to the CFM to impose a time limit on a procedure that is a women’s right. The text intended to covertly, says the opinion, change the law on abortion, which is a responsibility of the National Congress.
Regarding the coup action in Praça dos Três Poderes, Messias has said that he fulfilled his constitutional role by calling for the arrest in the act of those who invaded and vandalized public property.
To the parliamentary amendmentswhich motivated actions against parliamentarians in the STF, can also be discussed. Messias has already publicly defended the constitutionality of the amendments, as long as they meet transparency and efficiency criteria. For him, the legislative representative is the one who is best able to access the population’s demands.
