Pacheco suspends sending nominees to the STJ and calls for investigation

The president of the Senate, Rodrigo Pacheco (PSD-MG) decided to suspend the sending of names approved by senators to fill vacancies in the STJ (Superior Court of Justice (STJ). He interrupted the process and asked the Senate Advocacy to analyze whether there was favoritism to lawyer Daniela Teixeira, one of the names nominated by President Luiz Inácio Lula da Silva (PT).

The legal area of ​​the Senate investigates the fact that the Board of Directors of the House sent Teixeira’s name to the Presidency of the Republic for publication and appointment in the Official Gazette of the Union before the other 3 nominees – despite the approval in the Senate having been from the 3 nominees in the same session. The case was revealed by the newspaper The globe.

On October 25, the Senate approved the names of Planalto’s 3 nominees for the STJ (Superior Court of Justice). In addition to Daniela, José Afrânio Vilela and Teodoro Santos were approved as the new members of the Superior Court.

The investigation is internal and directed to the Board’s actions, unrelated to the lawyer’s actions. The suspicion is that Teixeira could have a possible preference to occupy a vacancy in the TSE (Superior Electoral Court) or in choosing the classes he will be part of, for example. The group that each nominee will join was already defined last week, as found out by the Power360.

The rule for choosing these roles is seniority at the Court. The STJ’s internal regulations establish, in article 30, the date of inauguration as the 1st criterion. Next, the day of appointment and age are considered, in that order. Here is the excerpt:

Art. 30. The seniority of the Minister in the Court, for his placement in sessions, distribution of service, review of processes, substitutions and any other legal or regulatory effects, is regulated in the following order:

I – for possession;

II – by appointment;

III – by age.

To the Power360, Daniela’s office informed that she should not comment on the case and awaits the conclusion of the investigation in the Senate. The 3 nominees are already scheduled to take office on November 22nd at the Superior Court.

Pacheco’s decision to suspend the process does not annul the vote that approved the nominations to the STJ. Daniela Teixeira, 51 years old, was chosen by Lula from a list of names drawn up by the OAB (Brazilian Bar Association). Previously, she was vice-president of the OAB-DF.

During the hearing at the CCJ (Constitution and Justice Commission), the lawyer received 26 votes in favor and 1 against. Afrânio and Teodoro were unanimously approved. In the plenary, to be approved, each nominee needs the votes of at least 41 of the 81 senators. Read how many votes each of the nominees received from the senators:

• Daniela Teixeira: 68 votes in favor and 5 against;
• José Afrânio Vilela: 68 votes in favor and 1 against;
• Teodoro Santos: 63 votes in favor, 0 against and one abstention;

The 3 names approved by the Senate were nominated to fill the vacancies of ministers Felix Fischer and Jorge Mussi, who retired in the 2nd half of 2022, and Paulo de Tarso Vieira Sanseverino, who died in April this year. In addition to them, Lula must also nominate 3 more names for the STJ by the end of his term, in 2026.