Speaking of Davi Alcolumbre, journalist Thaís Arbex, from CNN, informs that the president of the Constitution and Justice Committee of the Senate intends to block André Mendonça’s nomination for the STF until 2023.
The objective is that the appointment of the next minister of the STF falls to the new president of the Republic, to be elected in a year’s time. In this scenario, the seat at the Supreme would remain open for another 14 months.
Alcolumbre says he only follows the example of the US Senate, which in 2016 refused to consider Obama’s Supreme Court nomination on the grounds that it was less than a year before the end of the president’s term.
Alcolumbre’s argument is a double sham. First, because what the US Senate did was not normal or reasonable, it was what is called “constitutional tough game”: something that is not illegal, but is anomalous, unjustified and hinders the functioning of institutions.
Second, because in the US, the decision to block Obama’s nomination was taken by the majority of senators, while André Mendonça’s nomination is being blocked by a single senator: Alcolumbre himself (who, to make matters worse, has personal interests in the matter ).
The power Alcolumbre has to block Mendonça is absurd, an obvious flaw in the Constitution, which does not stipulate a deadline for considering the presidential nomination.
The constitutional failure that gives the president of the CCJ the power to, alone, bar a nomination of the Chief Executive for a vacancy in the highest court of the Judiciary is absurd, but it is not the only one.
Similar bottlenecks are the failures that allow the president of the Chamber to block impeachment on his own, and the attorney general of the republic alone to block criminal charges against the president.
It is past time for the National Congress to correct these flaws and eliminate these bottlenecks.