Brazil’s Senate approves André Mendonça for Federal Supreme Court position

RIO DE JANEIRO, BRAZIL – The Senate plenary on Wednesday, December 1, approved André Mendonça’s name for the post of Federal Supreme Court (STF) Justice. Earlier in the day, Mendonça had been approved by the Constitution and Justice Committee (CCJ), in a meeting that lasted some 8 hours.

The rapporteur of the nomination in the CCJ, Senator Eliziane Gama spoke in favor of the nominee’s technical skills. She acknowledged that the nomination was fraught with controversy and debate, mainly due to the religious aspect. However, the Senator said that no one can be vetoed because of their religious beliefs and that this was not a criterion for nomination.

“It is a symbolic vote for Brazil. [André Mendonça] is a federal servant, with great dedication to public service. Mendonça is technically qualified to be an STF Justice,” she stated.

CONTROVERSIES

From the time of the nomination by President Jair Bolsonaro to the vote in the Senate Plenary, Mendonça had to wait almost 5 months. The nomination occurred on July 13. On August 18, the CCJ received the official nomination message. However, there was a long delay in scheduling his examination by the committee.

Several Senators demanded a position from CCJ president Davi Alcolumbre on the urgency of the matter. Yet the examination was only scheduled during the week of concerted efforts to vote for officials – called by Senate President Rodrigo Pacheco.

Mendonça was also required to explain his religious position, since President Bolsonaro classified him as “terribly evangelical.” In her opinion, Senator Eliziane Gama said she considers the examination an important moment to assert republican principles and also to surmount prejudices, many of them “artificial and supported by biased statements of the President himself.”

During the debate, Mendonça argued in favor of the secular state and said that “in life, the Bible; in the Supreme Court, the Constitution.”

When he was Minister of Justice, Mendonça was criticized for producing a report within the Ministry about the activities of 579 teachers and police officers identified as anti-fascists. Mendonça argued at the hearing that the report was not investigative in nature. He was also criticized for the use of the National Security Law (LSN – Law 7.170, 1983) against critics of President Jair Bolsonaro. The LSN was ultimately repealed by Law 14.197 in 2021.

André Luiz de Almeida Mendonça was born in Santos (São Paulo), on December 27, 1972. He graduated from the Law School of Bauru (São Paulo) and holds a doctorate in Rule of Law and Global Governance and a master’s degree in Anti-Corruption Strategies and Integrity Policies from the University of Salamanca, Spain.

Pastor of the Presbyterian Church, he has held the positions of head of the Solicitor General’s Office (AGU) and Minister of Justice in the Bolsonaro government. Mendonça is married and has two children.