Lula’s prosecutor general vacancy the longest ever

Photo: Marcelo Camargo/Agência Brasil

President Luiz Inácio Lula da Silva will on Tuesday complete 35 days without nominating a prosecutor general, marking the longest such period since the restoration of democracy in the 1980s. Back in 1989, former President José Sarney took 34 days to nominate a prosecutor general, according to newspaper Folha de S.Paulo.

Augusto Aras, who was notoriously lenient with the Jair Bolsonaro administration, finished his second two-year term on September 26. Seeking to be appointed by Lula to a third term, Mr. Aras explored whether intelligence reports would justify opening new investigations into Mr. Bolsonaro’s management of the pandemic — but only after Mr. Bolsonaro had lost re-election.

Back in 2021, a select Senate inquiry on the mishandling of the pandemic called for Mr. Bolsonaro’s indictment for nine crimes — including crimes against humanity — but the Federal Prosecution Office, under Mr. Aras, shelved most investigations.

Lula has come under pressure in recent months to make good on his promises to value diversity by appointing black women to both the Supreme Court and to the Federal Prosecution Office. Since former Justice Rosa Weber’s retirement on September 30, a spot in the Supreme Court has also remained vacant.

Last week, Senator Eliziane Gama delivered the final report of the select congressional committee on the January 8 riots to acting Prosecutor General Elizeta Ramos. The report suggests prosecutors investigate former president Jair Bolsonaro, one Navy admiral, and eight Army generals for several crimes related to sedition.

When Lula does nominate someone for either position, they will have to be approved by the Senate.