The Senate's Mesa Act No. 1 of 2010 prevents President Lula from sending a new nomination of Jorge Messias to the Supreme Court in 2026. The rule establishes that "the consideration of an authority nomination rejected by the Federal Senate is prohibited in the same legislative session," according to Diário do Centro do Mundo. In the Senate, a legislative session corresponds to the annual functioning period of Congress. ✓
Press quotes (1)
"é vedada a apreciação, na mesma sessão legislativa, de indicação de autoridade rejeitada pelo Senado Federal"
The Attorney General was rejected by the Senate plenary in April, receiving 34 favorable votes and 42 against in a secret ballot — at least 41 votes were needed for approval. It was the first rejection of a Supreme Court nominee by the Senate since 1894, according to O Globo. ◦
Press quotes (1)
"Foi a primeira rejeição de um indicado ao STF pelo Senado desde 1894, quando nomes escolhidos por Floriano Peixoto foram barrados"
Government allies assess there is room for negotiation, arguing that the rule is not in the Federal Constitution and that a directive board act does not necessarily apply to internal rules. The government also cites as precedent the case of Alexandre de Moraes in 2005, when the current Supreme Court justice had his nomination to the National Council of Justice rejected and was approved in a new vote the following week, according to Senate News — although this episode occurred before the 2010 rule was enacted. ✓
Press quotes (1)
"Alexandre de Moraes havia sido indicado pela Câmara dos Deputados, mas foi vetado pelo Senado no último dia 18. Na ocasião, ele obteve 39 votos, quando seriam necessários no mínimo 41 para que fosse aprovado"
Government members assess that the issue is more political than procedural, linking the approval chances of any Lula nominee to resolving tensions between the Executive and Senate President Davi Alcolumbre (União Brasil-AP). The first public meeting between Lula and Alcolumbre after the rejection, at the TSE president's inauguration, showed that the two greeted each other formally but ignored each other during the ceremony, reports O Globo. ✓
Press quotes (1)
"Antes da cerimônia, de cumprimentaram com aperto de mão e tapinha nas costas. Durante o evento, mesmo sentados lado a lado, se ignoraram durante toda a solenidade"
Covered by only some sources, or where the accounts diverge.
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What is the complete text of Mesa Act No. 1 of 2010 that establishes the prohibition?
Why it's still unknown: The document requires consultation in the Senate's Administrative Standards System (NADM), which has an interface not accessible by automated tools
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What specific type of negotiation does the government consider to circumvent the procedural obstacle?
Why it's still unknown: Reports mention 'possible negotiation' and 'room for negotiation' but do not detail the specific terms or counterparts under discussion
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Are there precedents for judicial challenges to Senate Mesa acts regarding presidential nominations?
Why it's still unknown: Reports do not mention whether the strategy of legally challenging the rule has basis in similar previous cases