Brazil president Luiz Inácio Lula da Silva is facing criticism after nominating his personal lawyer, who defended him against corruption charges, to the country’s powerful supreme court.
The selection on Thursday of Cristiano Zanin to fill a seat on the 11-member bench rapidly drew the ire of opposition figures as well as legal experts, who claim the appointment would be a conflict of interest and could jeopardise the top tribunal’s impartiality.
“In addition to having been his personal lawyer, Lula has called Zanin his ‘friend and comrade’. Lula wants to pack the supreme court, but we will not accept it,” said Nikolas Ferreira, a prominent rightwing lawmaker. He said that he had filed an injunction to stop the nomination.
The furore is likely to weigh on the popularity of Lula, which has gradually slipped since he took office in January as the leftwing leader focuses more on his core base than the broad coalition that propelled him to election victory.
“We need strong and independent institutions. The nomination of Zanin goes in the opposite direction,” said João Amoêdo, the former president of the rightwing Novo party.
A native of São Paulo state, the 47-year-old Zanin represented Lula throughout the long-running Lava Jato, or Car Wash, corruption investigation, which resulted in Lula’s imprisonment for more than 18 months on graft charges.
His conviction was subsequently annulled by the supreme court, which deemed that the court that judged him did not have jurisdiction. That decision paved the way for Lula to run in presidential elections last year.
“Zanin will be a great minister of the supreme court. I know his qualities, training and competences. And I think Brazil will be proud,” Lula said on Thursday.
Known officially as the Supreme Federal Court, or STF, the court is one of the country’s most influential institutions and rules on thousands of cases a year, including judgments on political decisions and legislation.
While supporters say its actions are rooted in the country’s broad constitution, critics — particularly those on the right — accuse the STF of “judicial activism”.
“The court is going through a moment of great distrust,” said Rubens Glezer, a constitutional law professor at the Getulio Vargas Foundation.
“In this context, a nomination of someone so close [to the president], which can give the impression of an exchange of favours, continues the process of eroding the court’s authority and weakening the image of the judiciary as a whole,” he added.
If Zanin is confirmed, seven of the STF’s 11 members will have been appointed by presidents from Lula’s Workers’ party.
Despite the outrage over his nomination, Zanin’s candidacy is expected to be approved following a hearing and a vote in the Senate. His nomination has also received support from other STF judges, who pointed out that various members of the court had worked in defence of politicians prior to their appointment to the tribunal.
Zanin could serve on the court until the age of 75, when judges are obliged to retire. Lula will be able to make a new nomination to the court in October when another judge retires.