RIO DE JANEIRO, BRAZIL – President Jair Bolsonaro (PL) spoke again on Tuesday (7) that next year’s elections will not only be to elect the new head of the Government but also the chance, whoever is eventually elected, to “renew” the Supreme Court (STF) with two new nominations to the Court.
“It’s not just an election for president. Whoever becomes president will renew two more vacancies on the Supreme Court in the first half of 2023,” said the president during a meeting with businessmen from Brazilian industry.
As Brazil’s highly politicized Supreme Court increasingly functions as Brazil’s de facto government, in the absence of actions by the executive branch, the renewal of this body is of central importance for the country.
Through the STF’s constant interference in numerous governmental affairs of the country, Brazil has de facto continued to pursue left-wing policies in many areas since Bolsonaro’s election.
Large parts of the population are frustrated with the “power grabs” of the STF, and there were and are repeated (illegal) calls to storm the Supreme Court, especially from Bolsonaristas. These calls are then denounced by this body as anti-democratic and criminal, and the leaders are imprisoned and prosecuted.
However, the real reason why the right has this inner rage against members of the Supreme Court is neither discussed nor remedied.
Jair Bolsonaro also said he didn’t know “where his head was at” when he decided to run for the presidency in 2018, but that now he has a “mission.” “That chair of mine, folks, has kryptonite, okay? Don’t want that chair for you, gentlemen.”
20% OF GOVERNMENT IN THE STF
Last week, Bolsonaro said that the ministers he nominated to the Supreme Court represent 20% of the Government’s arguments in the Court.
The president has already made two nominations to the STF. The first was Kassio Nunes Marques, who joined the Court last year. The second nomination was André Mendonça, approved by the Senate last week after a four-month wait. He should take office at the Court on December 16.
“Thank God we were able to send two names, not to the Supreme Court, but first to the Federal Senate – and they were accepted – two people who also mark the renewal of the Supreme Court. The executive branch is renewed, the legislative branch is renewed, and the Supreme Court is renewed. Nobody is eternal. Some people think they are eternal. No one is eternal, and renewal is taking place,” the President said.
“Today, I don’t rule the two votes in the Supreme Court, but they are two ministers that represent, in theory, 20% of what we would like to be decided and voted on within the Supreme Court,” he continued.
Upcoming STF retirements
Supreme Court Justices, as with all other judges in the country, have age 75 as the trigger for compulsory retirement. The rule has been in effect since 2015 and took away then-President Dilma Rousseff’s (PT) chances of appointing four more ministers who would retire by 2018.
Recently, the topic was discussed again in the halls of Congress. For example, federal deputy Bia Kicis (PSL-DF) presented a Proposal of Amendment to the Constitution that revokes the current norm and re-establishes age 70 as the limit.
Other texts propose changing the nomination process to the Court, making the president choose a name for the Supreme Court from a three-name list, or limiting the term of office of Justices to 10 years.
Below, see the upcoming retirement dates of STF justices.
Ricardo Lewandowski
Retirement: May 2023
Who appointed: Lula, in 2006
Rosa Weber
Retirement: October 2023
Who appointed: Dilma, in 2011
Luiz Fux
Retirement: April 2028
Who appointed: Dilma, in 2011
Cármen Lúcia
Retirement: April 2029
Who appinted: Lula, in 2006
Gilmar Mendes
Retirement: December 2030
Who appointed: Fernando Henrique Cardoso, in 2002
Edson Fachin
Retirement: February 2033
Who appointed: Dilma in 2015
Luís Roberto Barroso
Retirement: March 2033
Who appointed: Dilma in 2013
Dias Toffoli
Retirement: November 2042
Who appointed: Lula, in 2009
Alexandre de Moraes
Retirement: December 2043
Who appointed: Temer in 2017
Nunes Marques
Retirement: May 2047
Who appointed: Bolsonaro, in 2020
André Mendonça
Retirement: December 2047
Who appointed: Bolsonaro, in 2021