Supreme Court unlikely to intervene in justice confirmation process in the Senate

Supreme Court Justice Ricardo Lewandowski summoned Senator Davi Alcolumbre — head of the Constitution and Justice Committee — to explain the delay in confirming the Supreme Court appointment of André Mendonça, nominated by President Jair Bolsonaro months ago. Regardless, the court is unlikely to directly intervene in the process. 

Senators Alessandro Vieira and Jorge Kajuru requested a Supreme Court injunction to force Mr. Alcolumbre to schedule the confirmation hearing. He was officially notified on Thursday, given 10 days to respond to allegations he is purposely delaying the process. Messrs. Vieira and Kajuru claim the hearing has been postponed for “non-republican reasons.”

Behind the scenes, Mr. Alcolumbre is canvassing support to “defeat André Mendonça,” preferring that Prosecutor General Augusto Aras be given the nomination instead. 

Meanwhile, Mr. Mendonça has met with the broad majority of senators during his 70-day-plus waiting period before his hearing. A former Justice Minister and Presbyterian pastor, he believes he has enough votes to secure his appointment to the country’s top court. Senators in his favor say he has between 55 to 60 votes in the 81-member chamber.

Supreme Court sources tell The Brazilian Report that most justices are not in favor of directly intervening in Mr. Alcolumbre’s decision. However, some justices have spoken with Senate President Rodrigo Pacheco, who is putting public pressure on Mr. Alcolumbre to schedule Mr. Mendonça’s hearing.

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