STF, hoje, deixa a desejar no quesito “notável saber jurídico”, avalia Vera Chemim

·22 min·2 clips

Legal expert Vera Chemim explains why the Supreme Court is deadlocked over choosing Rio de Janeiro's next governor.

The episode begins with host Paulo introducing Vera Chemim, an attorney and constitutional law specialist, to discuss key legal issues in Brasília and Rio de Janeiro. They first address the Supreme Court's interrupted vote on choosing Rio de Janeiro's governor, with a 4-1 split favoring an indirect election in the state legislature. Chemim explains the constitutional rules: if a vacancy for governor and vice-governor occurs in the last two years of a term, the election should be indirect. The complication arises from ex-governor Cláudio Castro resigning one day before the Superior Electoral Court was to declare him ineligible, which the TSE accepted as a legitimate resignation, not a removal. This creates a legal dispute over whether the vacancy resulted from an electoral cause, potentially requiring a direct election. Chemim notes that Minister Alexandre de Moraes viewed Castro's move as a deviation of purpose, arguing for a direct election. The conversation shifts to political factors, with ministers fearing an indirect election would allow Castro's political group, supported by Douglas Ruas, to remain in power. Minister Flávio Dino requested more time to review the TSE's position, adding uncertainty. Chemim highlights the principle of federal symmetry and Supreme Court flexibility in such cases, but notes President Fux's jurisprudence against direct elections near general elections. In the second half, Chemim critiques Supreme Court appointments, arguing the requirement for 'notable legal knowledge' has been marginalized in favor of political interests. She points to nominee Jorge Messias, whose academic production is limited, as an example of declining standards compared to past justices. Chemim compares Brazil's Senate confirmation process unfavorably to the U.S., suggesting reforms like appointing career judges with proven experience and reputation. Finally, they debate instituting term limits for justices, with Chemim emphasizing that the root issue is appointment criteria rather than tenure length. The episode concludes with closing remarks from the host.

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