After the nomination of Flávio Dino to occupy a seat on the Supreme Federal Court, it is inevitable to reflect on the direction the Court has been taking. When it comes to Brazilian politics, the justices of the Supreme Federal Court are rarely left out of the conversation. They have become such central figures that the average Brazilian can name at least half of the Court’s eleven justices — something that was unlikely 20 years ago. But, I must confess: with such a politicized Court, Dino seems to fit right in with his future colleagues.
According to the Federal Constitution, the primary role of the Supreme Federal Court is to safeguard the Constitution. It is not supposed to be a political court, influenced by the pressures and negotiations of political backstage dealings to fill its seats. The STF is a constitutional and technical court. Today, however, we have a Court that lives up to the name it bears because its justices, apparently, have become the true enlightened ones who decide the direction of the country and judge the cases they see fit; which is a grave failure in its purpose, especially concerning the safeguarding of fundamental principles.
Flávio Dino will reinforce all these flaws. Or does anyone believe that he will not further politicize the institution? Therefore, his nomination to the Supreme Federal Court highlights the need to approve a Constitutional Amendment Proposal that changes the process of appointing new justices and ends lifetime appointments. Despite the importance of the institution, it should be remembered that none of the eleven justices wearing the “supreme robe” were elected by the people. The nomination of lawyers and friends of the President of the Republic to the Supreme Court seat is entirely incompatible with the functions and responsibilities exercised by the justices.