Brazilian President Luiz Inacio Lula da Silva is preparing to submit another Supreme Court nomination to lawmakers following an unprecedented rejection of his initial choice, according to two sources familiar with his plans.
The rejection marks a historic first – no Brazilian president has had a high court nominee turned down by Congress in 132 years. The defeat highlights growing political tensions in the capital as the country prepares for October’s general election, where Lula seeks a fourth non-consecutive presidential term.
Opposition lawmakers argue the next president, who takes office in January, should make the appointment instead. This strategy mirrors what happened in the United States when Republican lawmakers blocked President Barack Obama’s Supreme Court nominee before the 2016 election.
“The next nominee to the Supreme Court should be defined after the elections, with legitimacy and new criteria,” Senator Rogerio Marinho, the opposition leader, posted on X.
The stakes are significant. If senators fail to confirm a justice this year, the incoming president could potentially name up to four court members, dramatically shifting the judicial balance. Currently, two of the 11 justices were chosen by former President Jair Bolsonaro, a far-right politician.
Recent polling shows a tight race between Lula and Senator Flavio Bolsonaro, the former president’s son, for this year’s election.
“There is no sense in waiting and risking being unable to make an appointment after the elections,” one source close to Lula explained. “If the Senate chooses not to vote, the responsibility lies with them.”
Wednesday’s setback came when senators rejected Solicitor General Jorge Messias for the position. This follows Lula’s earlier successful appointments of his personal attorney and a cabinet member to the court, despite facing a conservative-majority Congress.
Conservative lawmakers criticized the president for attempting to place another political ally on the high court. Senate President Davi Alcolumbre was particularly upset with the Messias selection, preferring a different candidate for the opening.
Sources indicate Lula now intends to nominate a woman for the vacancy, believing this strategy will make it politically harder for senators to reject his selection during an election period when public attention is heightened.
The Supreme Court currently has just one female justice among its 11 members. Justice Carmen Lucia is set to retire in 2029.
Some presidential advisers question whether Lula should risk another embarrassing congressional defeat.
Senator Randolfe Rodrigues, the government’s congressional leader, said appointment decisions rest solely with the president.
“But I believe that the president should exercise his authority to submit a nominee, whether a man or a woman,” he stated.
