In recent days, President Luiz Inácio Lula da Silva (PT) has pointed out to people close to him who do not intend to give in to pressure to maintain the tradition of choosing the Attorney General of the Republic through the triple list drawn up by the National Association of Attorneys of the Republic (ANPR). ).
The president still has not responded to the request for a feito meeting, at the beginning of March, by the attorneys.
Despite no constitutional provision, the list drawn up by the ANPR is based on the choice of chefs from the Federal Public Ministry (MPF) by presidents Lula, Dilma Rousseff (PT) and Michel Temer (MDB).
The relationship is formed by means of voting two attorneys. The three names are presented to the president, who, however, is free to choose what he indicates to the Senate, responsible for approval.
Ubiratan Cazetta, president of the ANPR, requested a hearing with Lula on March 3 to defend the triple list drawn up since 2001 by the entity as a mechanism for the selection of the chef of the Attorney General’s Office (PGR). Cazetta intended to bring the president to the institutional vision of the association on the model of indication of the attorney general.
The ANPR heard from the Cabinet of the Presidency of the Republic the information that the letter with the request for an audience was received, but since then I have not had any kind of signal about a possible date for a meeting with Lula.
In the last few weeks, members of the PGR have sought Lula’s interlocutors to reaffirm the defense of the triple list, second stories feitos à CNN. The president made it clear, through his assistants, that he sees no more sense in the maintenance of the tradition started by him in 2003 and that he will not choose a name just for having the support of the category.
Aras closes his second term in front of the PGR on September 26. The deadline for Lula to choose Aras’s successor is distant from the president’s priority, in this first semester, it will be the choice of Ricardo Lewandowski’s successor, who will leave the Federal Supreme Court (STF) on May 11.
Lula, no meanwhile, has decided that Aras will not be reintroduced, as Jair Bolsonaro (PL) fez in 2021.
The president also defined that he will not choose a deputy attorney-general – the highest level of the MPF career – who acted in the extinct Lava Jato or who defended the operation, who raised the petitista à cadeia in 2018.
Despite two messages given by Lula through his closest assistants, ANPR will draw up the list as we have been doing since 2001.
The assistant attorneys-gerais Luiza Frischeisen, Mário Bonsaglia and José Adonis Callou de Araújo Sá must be placed at the disposal of the career. Luiza was voted the most in 2021 and Bonsaglia, in 2019.
More attention from the Palácio do Planalto and from Lula’s entourage is addressed to the deputy attorneys who will seek to make themselves viable by way of the dispute through the triple list.
There are at least three names that stand out today as selected for the position: Antônio Carlos Bigonha, Paulo Gustavo Gonet Branco and Carlos Frederico Santos.
Bigonha was the first to run as a candidate for the post of successor to Aras and began to articulate still in 2022, before Lula himself assumed the presidency. Bigonha became the top of the MPF career in March 2015.
Since then, he has served, among other functions, as coordinator of the Chamber of Indigenous Peoples and Traditional Communities and as secretary of Institutional Relations of the PGR.
In the first performance, Bigonha charged Jair Bolsonaro and his allies with good sense so that the indigenous peoples do not put themselves in the hands of agribusiness and defend that the right to their lands is original and overcomes any other interest that exists on them.
For him, the possibility of mining on indigenous lands depends on the specific law, express authorization of the National Congress and must respect the prior, free and informed consultation of the affected communities.
As Secretary of Institutional Relations, I was responsible for the dialogue between the Cabinet of Aras, or the National Congress, or STF and the Palácio do Planalto. He, no meanwhile, was less than seven months in function.
Bigonha also presided over ANPR from 2007 to 2011. During this period, the association gave Lula and Dilma Rousseff three triple lists. Nelas, were selected for the position of general attorney Antonio Fernando Barros and Silva de Souza, in 2007, and Roberto Gurgel, in 2009 and 2011.
In the criminal area, Bigonha defended in 2019 the conviction of former minister Geddel Vieira Lima, his brother, or former federal deputy Lúcio Vieira Lima, and businessman Luiz Fernando Machado Costa for money laundering and criminal association in the case of the R$ bunker 51 million living money found in an apartment in Salvador (BA).
More recently, in an article published in the “Carta Capital” magazine at the beginning of March, I wrote that the MPF became a police officer with superlative powers that they have been carrying out, over the last two years, persecution operations in Brazil and abroad.
In the publication, the deputy prosecutor calls Lula’s prison arbitrary, in the words of “one of the two greatest popular leaders of all time.”
Choosing in the article its main flags to win the confidence of Lula and its main interlocutors, Bigonha defends that the MPF “concentrate efforts on the promotion of a social and environmental agenda that contemplates human rights in all its dimensions and what it does to the leading role do Brasil no concerto das nações” without leaving aside “titularidade da ação penal pública”.
Bigonha was the first to openly position himself as a candidate for successor to Augusto Aras, but he is not the only one to clam up the position of Attorney General of the Republic.
Other two names of management and close to Aras are not equal, despite affirming to people close to them that they do not intend to move to conquer Lula and his auxiliaries – either because of their profiles or in respect to Aras.
Paulo Gustavo Gonet Branco is vice-procurator-general Eleitoral and acting or Superior Eleitoral Court (TSE) appointed by Aras.
I reached the top of my career in 2012. Before working as the current attorney-general, I held the position of secretary of the Constitutional Function in the management of Raquel Dodge.
As Electoral vice-prosecutor-general, he appeared before the TSE or requested that former President Jair Bolsonaro be sentenced during a meeting with the ambassadors in the Palácio da Alvorada, in July of last year.
Throughout the last year, Gonet denied on more than one occasion Bolsonaro’s unproven accusations against the electoral system and said in defense of electronic voting and the work of TSE ministers in the midst of the attacks of the then president.
In the criminal area, he defended, during the judging in the Second Tour of the STF in 2016, or receipt of a complaint filed by the PGR against Gleisi Hoffmann and Paulo Bernardo for passive corruption and money laundering. Gleisi é hoje presidente do PT.
At the time, the ministers accepted the complaint, but two years later or STF acquitted you. The ministers will consider that they do not have proof that they received a tip.
Gonet is considered, among his non-MPF peers, a technical professional with a discreet and balanced profile.
He is co-founder of the Brazilian Institute of Public Law next to Minister Gilmar Mendes, of whom I am close.
In 2019, he was supported by federal representative Bia Kicis (PL-DF) for the position of general attorney. Raised for parliament, Gonet went to be received by Bolsonaro for a talk one month before the school of the name of Aras.
Já Carlos Frederico Santos is responsible today at the STF for the investigations related to the criminal acts of January 8 and, at the Superior Court of Justice (STJ), for the extradition of ex-player Robinho and for the case of the Russian spy who pretended to be Brazilian.
At the highest level of his career since 2013, he was secretary-general and coordinator of the Criminal Chamber. His performance passes still by defending two rights of two indigenous peoples.
Alongside Luciano Mariz Maia and Franklin Rodrigues da Costa, Carlos Frederico achieved, in 1996, the conviction of five garimpeiros for what was known as the massacre of Haximu, a Yanomami community on the border between Brazil and Venezuela.
The decision was confirmed by the STJ, in 2000, and by the STF, in 2006. The conviction is considered the leading case in the application of the crime of genocide against indigenous people and represents a paradigm shift on the subject.
Fred, as known to the MPF, was president of the ANPR when the first list was drawn up, in 2001. She was presented to the then president Fernando Henrique Cardoso (PSDB), who rejeitou.
As well as Lula, Fred does not prove the effectiveness of the mechanism in the attorney-general’s choice and now rules out its continuity. Before disso, no meanwhile, he tried to be one of the three most voted on the list in 2015 and 2017, but failed.
The deputy attorney, just like Aras, is a critic of the extinct Lava Jato, a point considered relevant by Lula and his assistants.
Historic triple list
The triple list was drawn up by ANPR for the first time in 2001, when Carlos Frederico Santos was president of the association.
The names were presented to the then president Fernando Henrique Cardoso (PSDB), who decided on a name for the list. In the second consultation feita à carreira, in 2003, Lula chose the deputy attorney-general Cláudio Lemos Fonteles.
Lula’s decision began the tradition of the list, which over the course of two years came to be criticized within and outside the MPF. While I was in the Presidency, Dilma welcomed the names presented by the attorneys.
Michel Temer was the first president to, in 2017, did not choose the most voted for the race. In that year, Deputy Attorney General Nicolao Dino, brother of the current Minister of Justice and Public Security, Flávio Dino, was voted the most. Fear, no entanto, chose Raquel Dodge, the second most voted on the list.
In 2019, Jair Bolsonaro rejected the indication of two prosecutors and chose Augusto Aras to command the PGR. Aras was reinstated in 2021 for two more years in front of the organization, again without the support of his career.
Source: CNN Espanol