The plenary of the Federal Senate approved, by 47 votes to 32, the nomination of former Minister of Justice and former Attorney General of the Union André Mendonça for the seat on the Federal Supreme Court (STF) left by the retirement of Minister Marco Aurélio Mello.
The nomination was stopped at the CCJ for more than four months, the longest time registered to date. Senator Eliziane Gama (Cidadania-MA), was the first woman to report a minister nomination to the Supreme Court. Before the vote in the plenary, Eliziane said that no other nomination was charged with as much controversy as André Mendonça. According to her, the religious debate was seen taking the place of the debate on the candidate’s shaky reputation and notorious legal knowledge. “No one can be vetoed for their religious orientation,” he said.
Earlier, Mendonça was questioned by the members of the Commission for the Constitution of Justice (CCJ) of the House. There, approval was given by 18 votes in favor and another 9 against. Before voting, many senators publicly declared their support for Mendonça.
The hearing lasted more than seven hours. In it, Mendonça pledged to defend democracy and “respect democratic institutions, especially independence and harmony between the powers of the Republic.” He stated that he understood that the Judiciary “must act as a pacifying agent for social conflicts and guarantor of the legitimate performance of other powers, without undue activism or interference”.
“The self-moderation of the Judiciary is a logical corollary of the democratic rule of law principle itself. In this way, I affirm my commitment to respect the decisions and actions of both the Legislative and the Executive Branches, whenever adopted in the regular exercise of their attributions and according to the Constitution”, he affirmed
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.
The Saturday was committed 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.
After approval, André Mendonça made a statement still in the Senate. “I know decisions will come that I will be criticized, but I will try to do my best.” Moved, he said that he believes that with persistence, resilience, dignity and respecting people, it is possible to change people’s reality. “My gratitude to my country. If I prepared myself, I studied, I owe my country to the taxes paid by Brazilians”, he said.
Through a note, the president of the STF, Minister Luiz Fux, spoke about the approval of Mendonça’s name for the Supreme Court. “I express unparalleled satisfaction with the approval of André Mendonça because I know of his merits in occupying a seat on the Federal Supreme Court. In addition, as a result of his work in the Federal Attorney General, he dominates the themes and procedures of the Supreme Court, which once again becomes stronger with its complete composition. I intend to swear in the new minister this year.”, he said.
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.
* Matter amended at 8:02 pm to include André Mendonça’s statement after approval by the Senate.
* *Subject changed at 8:36 pm to insert a note from the STF president
