In a hearing at the Senate’s Committee on Constitution and Justice (CCJ), this Wednesday (1st), former Justice Minister and former Attorney General of the Union André Mendonça, nominated for a position as Minister of the Federal Supreme Court ( STF), said it will defend the right of civil marriage between people of the same sex.
Provoked by senator Fabiano Contarato (Rede-ES), who is homosexual, about how he would position himself in relation to the issue, Mendonça, who is an evangelical pastor, was direct. “If I had a discussion at the Supreme Court on this matter, you can be sure that I would respect the same civil rights, not just in relation to marriage but also to family life,” he promised. The former minister guaranteed that, if approved by the Senate, he would separate his “conception of faith” from his role in the Supreme Court.
Specifically about the LGBTQIA+ community, Mendonça defended that any type of discrimination is unacceptable. “In relation to the situation of LGBT violence, no type of discrimination is allowed. Any act of physical, moral and verbal violence towards this community is inconceivable. Of course, also with the reservation brought by the Supreme Court, in relation to religious freedom, but even so, with due respect to all people”, he said.
“Democracy is an achievement for humanity. Not for us, but in many countries it has been won with bloodshed and lives lost. There is no room for backtracking. And the Federal Supreme Court is the guardian of these human rights”, he stated.
minority rights
In addition to the LGBTQIA+ community, democracy and the rights of populations such as indigenous peoples and quilombolas and women is a theme that has been widely explored by senators during today’s indictment.
To senators, the former minister also recalled acts in his time as justice minister in which he defended the fight against violence, for example, in defense of the physical integrity of women. “Femicide is a cowardly act. Mistreatment of women is cowardly. In this sense, my commitment is, in situations like this, to apply the law fully and rigorously”, he said.
weapons
Another topic brought up to the Saturday was the possession and carrying of weapons. On this subject, he said that “there is room” for this in Brazil. Despite the statement, Mendonça did not want to take a stand on the flexibilization of the arms policy. “The question that must be debated is what are the limits, to what extent and to what extent. Within this perspective, the issue is being discussed in the STF, and in this context under penalty of becoming barred from appearing as a Supreme Court judge if approved by this federal Senate, I cannot comment on the accuracy of the possibility or not or the constitutionality or not of the treatment given by decrees and also by legislative acts that deal with the matter”, he justified.
Pandemic
Regarding the fight against the covid-19 pandemic, Mendonça said the vaccines against the new coronavirus came at a “good time”. “They were the fundamental cause of our having equated it, at least at not-so-saddened or not-so-high levels of death toll.” “At many times, I could see that the authorities were learning during the process,” he said.
However, he stressed that there may have been “misconduct” by authorities during the confrontation of the covid-19 pandemic. Mendonça added that “the valuable work of the CPI [Comissão Parlamentar de Inquérito da Pandemia] it must be taken seriously by all the institutions of the justice system”. “I hope that within this context we can, soon, not only what is being analyzed in the PGR [Procuradoria-Geral da República] or at the STF, give this timely, correct and serious response”, he added.
Religion
To the senators, André Mendonça, considered “terribly evangelical” by the president of the Republic, also said that he does not intend to start the court sessions with a prayer, as suggested by Jair Bolsonaro. “I never put in my professional resume the fact that I am a pastor. Even in front of the prayer president’s speech during the session, I even explained to him: there is no space for public religious manifestations during a session,” he said.
Mendonça committed himself to the secularity of the State and to the separation of its religious manifestations from the possible functions of minister. “I will preserve my individual and silent manifestation. Understanding the separation that must exist between the religious manifestation and the public function”, he promised.
Winning Statement
About the institute of the awarded accusation, André Mendonça told the senators that an instrument cannot be used as evidence to incriminate someone. “I understand that a winning statement is not evidence. I cannot base a conviction on the basis of a plea”, he defended. “Generalizations are terrible, prejudgment cannot be accepted. Politics cannot be criminalized”, he added. For the Saturday, the fight against corruption must be done “respecting individual rights and guarantees”.
second instance
Regarding imprisonment after conviction in the second instance, Mendonça said he is in favor, but stressed that he defends legal certainty. Therefore, any change in this understanding in the STF would have to be made by the Legislative. “In view of this situation, it is important to say that I am a supporter of the principle of legal certainty. Thus, I understand that the issue is submitted to the National Congress, which is responsible for deliberating on the matter, and the Federal Supreme Court should revisit the matter only after any amending pronouncement by the Legislative Power on the matter and if the Judiciary is provoked to do so. it.”
Environment
The former minister stated that in his functional history he has performed a role that demonstrates “commitment to the issue of environmental defense”. According to him, his concern should be to establish public policies that remove people who could be working illegally from marginality and, at the same time, provide options for work and income. “Many people are not deforesting there because they want to, but because they have to earn their daily bread,” he said. “On the time frame, which is another matter that is currently being debated in the Federal Supreme Court and about which I could not express my opinion”.
André Mendonça highlighted that in its functional history, it has an action that demonstrates “commitment to the issue of environmental defense”. According to him, his concern should be to establish public policies that remove people who could be working illegally from marginality and, at the same time, provide options for work and income. “Many people are not deforesting there because they want to, but because they have to earn their daily bread,” he declared.
“About the time frame, it is also a matter that is currently being debated in the Supreme Court and on which I could not express myself under penalty of being impeded, which does not prevent me from saying my total commitment to respecting dignity to the culture and values of the indigenous communities of our country”, he said.
Rite
After being accused and voted on by the CCJ of the Senate, Mendonça will have his name submitted to the scrutiny of 81 senators in the House’s plenary. To have the name approved, at this stage, it will need the support of at least 41 of the 81 senators. Both votes are secret.
Profile
Born in Santos (SP), André Mendonça has been a lawyer for the Union since 2000, he was special advisor to the Minister of Comptroller General of the Union, Wagner Rosário, from 2016 to 2018, and Minister of Justice and Public Security, from 2020 to 2021. in his second stint as attorney general of the Union during Bolsonaro’s administration. He also holds a bachelor’s degree in theology and pastor of the Esperança Presbyterian Church in Brasília.
