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Senate resistance to nomination reflects government weakness



In the recent history of the Republic, no appointment by the President of the Republic to the Supreme Court has taken as long to be considered by the Senate Constitution and Justice Committee (CCJ) as the appointment of attorney Andre Mendonce, the former Minister of Justice. The former Union attorney general is waiting for exactly 79 days (counting up to this Tuesday, September 28) to be tried by a panel.

Former AGU André Mendonça waited 79 days for a Senate ruling.
Marcello Casal Jr, Brazil

Among the current members of the STF, no one forced themselves to be interrogated for so long after their nomination for the presidency. Rosa Weber was the longest waiting for her candidacy for the Senate – 30 days after her nomination by Dilma Rousseff in November 2011. In the fastest possible case, Ricardo Lewandowski joined the CCJ just three days after Lula’s nomination in February 2006.

Even the first candidate, Jair Bolsonaro, then federal judge Cassio Nunez Márquez, went smoothly into the post left behind by Celso de Mello’s retirement. He was appointed 11 days before the STF Dean retired and sat down just 9 days after the chair was officially vacated.

However, the game has changed. The reasons are many, and they range from President Jair Bolsonaro’s own intention to put forward a name identified with the conservative agendas with which he presents himself to his electorate, to the clear strategic actions of CCJ President Senator Davi Alcolumbre (DEM-AP). who doesn’t want to recommend Mendonce. However, they all have one thing in common: they demonstrate a lack of political articulation in the current government.

Political games expert Brasilia noticed ConJur that despite Alcolumbre’s reluctance in recent weeks to elicit a reaction asking to speed up the processing of the name, this movement is not enough for a quick result.

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The same source noted that the silence of the majority in the Senate over the delay of Alcolumbre is also a sign, albeit negative, about the chances of Mendonza’s nomination to the STF. “The lack of a Senate response is in itself a response,” he said.

two sides of the coin
For lawyer and professor Fundação Getúlio Vargas (FGV) Alvaro Palma de Jorge, the notion that the president appoints a name and the Senate immediately approves it is wrong.

Time between nomination and hearing
Name Saturday Weather
Gilmar Mendes May 15, 2002 22 days
Ricardo Lewandowski 02.09.2006 3 days
Carmen Lucia 05/17/2006 7 days
Toffoli days 09/30/2009 13 days
Louis Fuchs 02.09.2011 8 days
Rose Weber 06/12/2011 30 days
Luis Roberto Barroso 05/06/2013 13 days
Louis Edson Facin 05.12.2015 29 days
Alexander de Moraes 02/21/2017 15 days
Nunez Marquez 10/21/2020 19 days
Andre Mendonça 79 days …

While STF nominations are almost always approved (historical records that only at the beginning of Republican nominations were rejected by the Senate), this does not mean that there is no need for political negotiations around the chosen name, which, apparently, Bolsonaro. no.

Nominations have such a low level of rejection only because the political process of negotiations between the authorities before the final decision works as a guarantee that there will be no overt conflict. In the article, the lawyer noted that the process of filling a vacancy in the Supreme Court is not a unilateral act of the president of the republic.

The uncertainty surrounding Mendonza’s choice, Jorge said, reinforces the thesis that there is a constitutional counterbalance to the Senate’s power in selecting candidates for the Supreme Court. However, in the present case, it considers that the impasse caused by Alcolumbre’s political views “went beyond reason”, as STF itself had already expressed its discomfort with the situation, as the absence of one of its members was affecting the work of the Court. …

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Bolsonaro nominated André Mendonso to STF on the same day that Minister Marco Aurelio stepped down, 12 July 2021.
Antonio Cruz – Brazilian Agency

“These decisions do not have to be individual,” says the professor and lawyer. The Constitution, he said, establishes in a single paragraph of Article 101 that the selection of a candidate for the STF belongs to the Senate Collegium, although the Legislative Chamber has its own rituals, which currently impede the nomination of a presidential candidate. …

On the other hand, de Jorge notes that prior to the adoption of the 1988 Constitution, there was no history of debate or rejection of names. “Such data shows that Brazilian society and therefore its Senate were not interested in the Supreme Court and its ministers. This scenario began to change in 1988, ”he says.

In other words, prior to the adoption of the 1988 Constitution, there was no such acute concern about the names that will be included in the Court. It was the institutional structure set out in the Constitution that stimulated discussion of issues that had never reached the Supreme Court before.

Time between retirement and appointment
a new name for the Almighty
Name Recommendation Weather
Gilmar Mendes 04/25/2002 1 day
Ricardo Lewandowski 06/02/2006 19 days
Carmen Lucia 05.10.2006 43 days
Toffoli days 09/17/2009 16 days
Louis Fuchs 01/01/2011 187 days
Rose Weber 11/07/2011 95 days
Luis Roberto Barroso 23.05.2013 188 days
Louis Edson Facin 04/14/2015 257 days
Alexander de Moraes 02.06.2017 18 days
Nunez Marquez 02/10/2020 – 11 days
Andre Mendonça 12/07/2021 0 days

political game
The history of the current STF ministers also shows that, while the Senate did not previously oppose the operational review of presidential candidates, the definition of the name was not always so flexible. The more the political situation deteriorated during the years of the PT rule, the longer negotiations took to fill the constitutional court.

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Lula, for example, appointed three ministers to the STF, and it took him no more than 43 days to announce any of them. The name of Gilmar Mendes, the last representative appointed by Fernando Henrique Cardoso, was announced just a day after Neri da Silveira’s retirement.

The Dilma government extended the term. Louis Fuchs was nominated 187 days later; Rose Weber; after 95 days; Luis Roberto Barroso, just 188 days later; and it took Louis Edson Facin, record holder 257, for his name to be announced to PT.

after impeachmentMichel Temer appointed Alexandre de Moraes just 18 days after Theory Zawaski was killed in a plane crash.

If Mendonça was the correct name for the Court, then Davi Alcolumbre’s political game ultimately infected a portion of the electorate that the former minister could count on for his plenary approval after the CCJ hearings passed.

The former chairman of the Senate has lost the right to rule the House, but retains it to prevent hearings in Mendonce within a reasonable time. This, in addition to the political fatigue of the government, has already begun to influence the selection process of a new STF minister.

In the wake of the rejection of the former minister and former AGU, a sizable section of the Senate is considering a maneuver that could lead to the appointment of current Attorney General Augusto Aras, recently reappointed for a new term, with the result that Bolsonaro has withdrawn the name of your preferred referral.

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Deolan claims that he is rancid from Andre.



Deolan claims that he is rancid from Andre.

Today at dawn, during the holiday “Farm 2022″ (RecordTV) with the theme Baile da Corte, Deolan admitted that he once and for all rancid Andre.

“I’m rancid with Andre… Now I’m rancid with Andre,” the lawyer said in a conversation with Bia, Morango and Petala.

“These political talk, really… What a disgusting thing,” the blonde continued.

“He continues to rise above us. He gave you a blank! Have mercy on me,” commented Petala, referring to the dynamics recorded yesterday for “Programa do Faro” (RecordTV).

“Wow, the person who cries the least here is me! To say that I am crying is to want to seem real, because I am a fortress for everything they do here, ”said Deolan.

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PT MP proposes to ban the political use of the Brazilian flag



PT MP proposes to ban the political use of the Brazilian flag

MP Marcio Macedo (PT-SE) sent a bill to the House to ban the political use of Brazilian symbols such as the flag and anthem. According to the parliamentarian, the intention is to keep these representations from possible “wear and tear”.

In the letter, Macedo claims that the last election saw a simplification of the flag. The MP wants to ban the political manipulation of these symbols regardless of the party. That is, if the project is approved, the presidential government Luis Inacio Lula da Silva (PT) could not include the flag or anthem in presidential advertisements.

This is what we have seen lately in elections, when certain groups use national symbols to stir up division among Brazilians, promote hatred, division and fake news, even to apologize for the Nazism that Brazil was so heroically involved in defeating on European soil, under the rule of the mantle of our flag

The text was sent on November 8 and talks about the importance of the flag for peace and unity, referring to the arrival of the World Cup in Qatar.

Politicization of national symbols intensified under the president Jair Bolsonaro (PL) and several of his supporters go to the polls using the colors of the flag to signify their preferences.

With the election of Lula, the left is trying to bring back the Brazilian symbols, especially during the World Cup. It has become popular to personalize the uniforms of choice and tones related to the flag, with red stars and numbers 13 to indicate their support for the elected government and their opposition to Bolsonaro.

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The political future of Ramaphosa remains in doubt



The political future of Ramaphosa remains in doubt

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The meeting of the ANC Executive Committee (NEC), which was supposed to discuss the future of party president Cyril Ramaphosa this afternoon, has been postponed after brief consultations on the Phala Phala saga and is expected to meet again on Sunday.

Cyril Ramaphosa’s political future remains in doubt after a meeting of the ANC’s executive committee, convened amid calls for the resignation of a president accused in a parliamentary report of violating his oath, was postponed.

National Chairman of the ANC Gwede Mantashe, who was present at the first consultations of the NEC, believes that the country will plunge into chaos if the president resigns. In turn, the Acting Secretary General of the ANC, Paul Mashatile, says that at the meeting of the ANC executive committee it was not discussed whether President Cyril Ramaphosa expressed his intention to resign.

In recent days, South African President Cyril Ramaphosa, 70, who succeeded Jacob Zuma in 2018 with an anti-corruption postulate in South Africa, has found himself in a quandary after a parliamentary commission released a Monday report on Wednesday saying he may have violated the anti-corruption laws of his country.

According to this document, the South African head of state concealed from the police and tax authorities an alleged robbery attempt that took place in 2020 at his Phala Phala property, located in the north-east of the country.

Under the terms of a complaint filed in June last year by Ramaphosa’s political opponent, $580,000 worth of bills were found hidden in sofa cushions in one of the rooms of the house, located on the presidential property. Sources close to Ramaphosa claim that the banknotes correspond to the sale of cattle to a Sudanese businessman for cash.

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Faced with the scandal unleashed by these revelations, Parliament, in which the ANC has a majority, may have to decide next Tuesday on the possible launch of a process to remove the South African president.

This case occurs when only two weeks are left before the meeting at which the ANC will decide who will be its new president and, accordingly, the next head of state, if the opposition party wins in 2024. organization of early elections.

It should be remembered that the ANC has been in power in South Africa since 1994, after the first free elections in the country, which brought the historic anti-apartheid leader and ANC President Nelson Mandela to power.

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