BRAZIL · SUPREME COURT
Edson Fachin, the chief justice of Brazil’s Supreme Federal Court (STF), said on Friday 13 November 2026 that Brazil has Black women judges “up to the task” of filling the court’s empty seat. He spoke in Rio de Janeiro at the closing of the 9th National Meeting of Black Judges.
The seat has been vacant since former justice Luís Roberto Barroso retired in October 2025, and President Luiz Inácio Lula da Silva alone chooses the next nominee. For US readers the pick matters because this court rules on elections and online platforms, and in 2025 it convicted ex-president Jair Bolsonaro of a coup plot.
Key Facts
- Who Edson Fachin, chief justice, spoke at a national meeting of Black judges in Rio.
- What he said Black women judges are “up to the task” of the empty seat and could honour Brazil.
- The seat Empty since justice Luís Roberto Barroso retired in October 2025; the Senate rejected Lula’s first pick on 29 April 2026.
- The court Ten justices sit today; Cármen Lúcia, a sitting justice, is the only woman.
- Not named Fachin named no candidate, and the choice is Lula’s alone.
- Power Index Brazil ranks 1st of 14 in The Rio Times Latin America Power Index, with 74.2 points (November 2026 edition).
What Fachin Said
Fachin said that whoever decides the next seat, if in the room, would know that Black women judges up to the task exist, to honour Brazil (our translation). He named no candidate.
He added that for many Black Brazilians the justice system is the most visible face of the state when it punishes. It must also be, he said, the face that protects, listens and repairs.
Fachin also said a gender policy with no racial lens can leave out Black women judges, who face two inequalities at once. He called the law an instrument of liberation for people who know injustice from the inside.
Who Decides the Seat
Under the Constitution, the president nominates a justice and the Senate must approve the name by an absolute majority, at least 41 of its 81 senators. Fachin has no formal role in that choice.
The Senate rejected Lula’s first nominee for the seat, Jorge Messias, the government’s chief lawyer, on Wednesday 29 April 2026 by 42 votes to 34. The Senate’s own news service called it the first time in 132 years that a court nominee was rejected.
Since then the court has worked with ten justices instead of eleven, so tie votes are possible. Cármen Lúcia, who has sat on the court for 20 years, is the only woman among them.
Why It Matters
The court decides high-stakes cases, from election rules to how social media platforms are policed. A new justice serves until the mandatory retirement age of 75.
Fachin’s remark is a public signal from the court’s own president. It is not a nomination, and it binds neither Lula nor the Senate.
What It Means for You
Investors and companies with Brazilian exposure watch the court because its rulings can change taxes, labour rules and platform law. A longer vacancy leaves ten justices and a higher chance of tie votes in those cases.
Readers following Brazil’s institutions can track the next step on our Brazil news page. Our earlier report on a banker’s challenge to Fachin in the Banco Master bank fraud probe shows how much weight his office carries.
What Is Not Known
Which name Lula will send, and when, is not known. We found no announced nomination and no official reaction to Fachin’s remarks.
Whether the Senate would approve any new nominee is also open, given the April vote. We found no hearing date.
Frequently Asked Questions
What did Fachin say about the Supreme Court seat?
On Friday 13 November 2026 he said Brazil has Black women judges up to the task of the empty seat. He named no one.
Who picks the next Supreme Court justice in Brazil?
The president nominates, and the Senate must approve by an absolute majority of 41 of 81 senators. Fachin has no formal role.
How many justices sit on Brazil’s Supreme Court now?
Ten, because Luís Roberto Barroso’s seat is empty. Cármen Lúcia is the only woman.
Has Lula named a new nominee?
We found no announced nomination as of Friday 13 November 2026. The Senate rejected his first pick, Jorge Messias, on 29 April 2026.
Sources: Supreme Federal Court (STF), current composition; remarks of Chief Justice Edson Fachin, 13 November 2026; Federal Senate, vote on the Messias nomination, 29 April 2026; National Council of Justice (CNJ, the courts’ oversight body), programme of the 9th National Meeting of Black Judges; Constitution of Brazil, article 101.
This article was produced by The Rio Times’ automated AI newsroom. Editorial responsibility: Matthias Camenzind, Publisher and Editor-in-Chief. The Rio Times also runs Ask Rio Times, which answers from 100,000+ of our own articles, the daily Latin America Power Map, and prediction-market odds on elections and markets.. How we use AI · Report an error
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