A group of São Paulo lawyers filed a writ of mandamus at the Supreme Federal Court to prevent President Lula from appointing a white man to the vacancy left by Luís Roberto Barroso's retirement. They argue that appointing a black woman is required by international human rights treaties. The action aims to promote racial and gender equality in the Court.
On Sunday, October 26, the Feminist Network of Jurists (deFEMde), made up of São Paulo lawyers, filed a preventive writ of mandamus at the Supreme Federal Court (STF). The petition, signed by Luana Cecília dos Santos Altran, Raphaella Reis de Oliveira, Juliana de Almeida Valente, Claudia Patricia de Luna Silva, and Maria das Graças Perera de Mello, seeks to prevent the appointment of Jorge Messias, current Attorney-General of the Union, by President Luiz Inácio Lula da Silva (PT) to the vacancy arising from Justice Luís Roberto Barroso's retirement.
The lawyers claim that appointing a white man would violate human rights, constituting abuse of power through deviation of purpose. They cite treaties ratified by Brazil, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Inter-American Convention against Racism, which require the country to actively promote equality. "A Court formed predominantly by white men does not reflect a predominantly black and female society, consolidates an unacceptable inequality framework, and contradicts the constitutional principle of equality," states a document excerpt.
In its 134 years of history, the STF has only one female justice, Cármen Lúcia, and has never had a black woman. This would be Lula's third consecutive appointment of a white man to the Court, despite him having appointed the first black justice, Joaquim Barbosa, in 2003. The petitioners note this is the third time in 18 months that movements have called for a black woman on the bench. They suggest names like Lucineia Rosa, Adriana Cruz, and other jurists with records in defending black population rights.
The action requests an injunction to prioritize historically segregated profiles, notably black women, as well as free legal aid, notification to the Presidency, and input from the Federal Public Prosecutor's Office, with a suit value of R$ 1,000. Lula has expressed intent to appoint Messias, but names like Bruno Dantas from the TCU and Rodrigo Pacheco were also considered.