FLÁVIO DINO TAKES OFFICE AS A NEW MEMBER OF THE SUPREME FEDERAL COURT

Important Presences

In addition to the Court’s ministers, participated in the ceremony President Lula (PT), Senate President Rodrigo Pacheco (PSD), Federal Chamber President Arthur Lira (PP), as well as several other authorities.

Legacy Processes

The new Supreme Court minister will inherit a collection of approximately 340 cases, which were under Rosa’s responsibility. Among them, there is a request for an investigation by Covid’s CPI (Parliamentary Inquiry Commission) against former President Jair Bolsonaro (PL) and his allies, on suspicion of inciting the population to adopt inappropriate behavior during the pandemic period.

Furthermore, there is an appeal that deals with the possibility of granting a Christmas pardon by the President of the Republic against people convicted of crimes with a maximum sentence of less than five years.

Dino will also be responsible for the investigation against the Communications Minister Juscelino Filho (União Brasil), who was his colleague during Lula’s administration. He will also be rapporteur for cases against Senator Chico Rodrigues (PSB-RR), who in 2020 was caught with money in his underwear in a Federal Police operation against the diversion of resources to combat COVID-19. Dino was also affiliated with the PSB. Both the minister and the senator attended the ceremony.

Second Appointed by LulaDino is the second appointed by Lula in the president’s current term. The first was Cristiano Zanin, who was the PT member’s lawyer in Operation Car Wash’s actions.

Analysis:

According to jurists from large national universities, Dino is very competent for the position, however, his entry into the STF reinforces the idea that the Supreme Court has a political side. A fact that has generated numerous crises between the Supreme Court and the Executive, during Jair Bolsonaro’s mandate, and now leads to crises with the Legislature, which launches proposals to restrict the court’s ability to act. For experts, such an indication should be avoided to increase the legitimacy and, mainly, the acceptability of the Court’s decisions. The ideal would be nominations from individuals with a strictly technical profile, avoiding someone from the political environment, such as Dino, who has been a deputy, governor, senator, and minister. An aggravating factor would be his tendency to frequently appear in media, instead of what would be more desirable as an STF member, which is to be more discreet, exposing less of his actions.

However, many understand that the very fact that Dino is a technician and politician will bring benefits. Since he will be able to assume the profile of an articulator and peacemaker, mitigating and minimizing the STF’s interference with right-wing or left-wing political legislative solutions, by working towards a less engaged institutional position.

A third line of analysis understands that this nomination shows President Lula’s intentions to solidify a new candidacy in his political future, despite statements that he will not seek re-election. Thus, he sees the importance of a profile like Dino’s, as a politicized jurist, for the stability of institutions, due to having gone through experiences together, such as those on 8 January. This is because there is also the expectation that the next presidential campaign will be as difficult as the one in 2018 and 2022.

According to political analysts, the assessment is that Dino will continue in the Supreme Court with the combative style that marked his time in government and will be able to influence the votes of his peers. Also, he is expected to reinforce the positions of Alexandre de Moraes and Gilmar Mendes, who have acted in harmony in the trials.

Source: G1; Folha de São Paulo.