Senators deny Jorge Messias’ name to the STF in an unprecedented rejection since 1894; nominated by Lula

Plenário of Senado Federal rejected this Wednesday (29) the nomination of the attorney general of União, Jorge Messias, to occupy the position of minister of Supremo Tribunal Federal (STF). The decision marks a historic moment. It is the first time since 1894 that senators have overturned a name sent by Presidência from República to the country’s highest court, representing a significant defeat for the government.

As a result, Messias’s nomination message was officially archived. Silva President Luiz Inácio Lula will now have to come up with a new name. Essa new suggestion will, once again, need to be evaluated and voted on by senators before any inauguration in the STF, guaranteeing the continuation of the constitutional process.

Votação secretly bars nomination and demands new name from STF

The vote for Jorge Messias’s nomination was secret. The final result recorded 42 votes against and 34 in favor, with one abstention. Para for the nomination to be approved, Messias would need the support of at least 41 of the 81 senators, that is, an absolute majority. Este number was not reached.

The rejection in the plenary of Senado occurred even after Comissão of Constituição and Justiça (CCJ) of Casa had approved the name of Messias. In the CCJ hearing, the attorney general of União received 16 votes in favor and 11 against. The stage in the plenary, however, is the decisive one and surprised Palácio of Planalto and government allies.

The immediate consequence of the disapproval is the need for president Lula to send a fourth name to Corte in his third term. Antes of Messias, the president had already nominated Cristiano Zanin and Flávio Dino, who had their nominations approved and are already sworn in as ministers of the STF.

Sabatina at CCJ and nominee’s positions

Durante in the interview with Comissão of Constituição and Justiça (CCJ) of Senado, Jorge Messias addressed several sensitive and controversial topics, seeking to demonstrate his preparation and his ideological and legal positions to the senators. Ele reinforced his position against abortion, a topic of great debate in the country. The nominee also openly criticized what he called “individual decisions by the STF”. Segundo Messias, these decisions end up “reducing the institutional dimension of Supremo”.

Ele highlighted the importance of self-criticism and constitutional improvement on the part of Cortes Supremas. “The public perception that Cortes Supremas resist self-criticism and constitutional improvement tends to put pressure on the relationship between jurisdiction and our democracy,” stated Messias, pointing to a need for greater openness. Sua spoke, although without explicitly citing the code of ethics under discussion at Corte after the Banco Master scandal, he made clear his concern with the image and performance of the court.

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Questionado on judicial activism, Messias stated that the practice is a threat to the principle of separation of powers, which generated different reactions among parliamentarians. “Judicial activism has gained momentum throughout Brasil, not just Brasil”, he highlighted. Commenting on the January 8 attacks, he defended his role as general counsel of União. Messias said he had fulfilled his constitutional duty by defending public property and that, as a citizen, he requested the arrest of the invaders in the act.

Histórico of rejections: a precedent of more than a century

Jorge Messias’s rejection of Senado ends a period of 132 years without Poder Legislativo denying a nominated name to Supremo Tribunal Federal. The last similar episode occurred in 1894. Naquele year, during the government of Marshal Floriano Peixoto, five nominations for the STF were blocked by senators.

The names rejected at the time were:

• Barata Ribeiro
• Innocêncio Galvão from Queiroz
• Ewerton Quadros
• Antônio Sève Navarro
• Demosthenes by Silveira Lobo

The refusal of these names, more than a century ago, marked a moment of political and institutional tension at the beginning of the Brazilian República. The current situation with Messias, although in a different context, revives the memory of this historical precedent. Ela reaffirms the constitutional role of Senado in the hearing and approval of the names sent by Presidência from República for the highest chairs of the national Judiciário. The position in question was opened after Luís Roberto Barroso’s retirement, which occurred at the end of last year.