After the presidential nomination, the ritual continues with the hearing in the Senate and the approval of the name by an absolute majority in the plenary of the Chamber
The indication of Flavio Dino for a vacancy in Federal Supreme Court (STF)made official by the president Luiz Inácio Lula da Silva – (PT) Monday 27th This in itself does not guarantee that the current Minister of Justice will occupy a place on the Supreme Court. Dino’s name still needs approval from Senate.
The ritual involves the candidate being subjected to a hearing at the Constitution and Justice Committee (CCJ) of the Chamber, in a usually long session. Considering the meetings held for approval by the current STF ministers, the duration was, on average, eight hours.
The panel is made up of 27 members, but all 81 senators can ask questions of the Court nominee. The candidate for the position must answer questions that may involve legal, political and personal topics.
After the hearing, the CCJ issues an opinion approving or disapproving the name of the person appointed to fill the position. Consensus occurs by simple majority, with secret ballot.
The analysis is then carried out in the Senate plenary. Even in the secret vote, the candidate must obtain an absolute majority of votes, with at least 41 senators out of 81 in favour. In general, both sessions take place on the same day.
With approval, the president’s nominee can effectively be sworn in as a Supreme Court minister.
After Senate approval, the name will be published in the Official Gazette of the Union (DOU). Once the presidential decree has been formalized, the nomination ceremony of the new STF minister will take place to sign the mandate and the installation book, in the presence of representatives of the Three Powers.
The names nominated by the President of the Republic for the position of STF minister are traditionally approved by the Legislature. In the entire 133-year history of the Court, only five nominees for the position were rejected by the Senate. The denials date back to the same year: 1894, 129 years ago.
Source: Terra
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