In a debate with repeated references to the need to ensure the independence of the Public Prosecutor’s Office, candidates for succession in the Attorney General’s Office suggested the creation of a quarantine that would prohibit heads of the body from holding positions such as minister of the Federal Supreme Court soon after the mandate .
They also defended measures such as the institution of a single mandate for the post, without reappointment, and the possibility of reviewing requests for archiving investigations by the Superior Council of the Federal Public Ministry.
The debate by videoconference, with answers to questions from journalists, took place this Friday (11) between the only three assistant attorneys general of the Republic who applied for the triple list of ANPR (National Association of Attorneys of the Republic), which will be presented to President Jair Bolsonaro.
The banners are reactive to the Attorney General of the Republic, Augusto Aras, who was appointed by the president in 2019 despite not having run for the triple list, which had not happened since 2003, and was considered to take a seat on the STF.
The current expectation is that he will be reappointed for another two years in office in September
Voting for the list will take place on the 22nd. The candidates are Deputy Attorneys General Luiza Frischeisen, Mario Bonsaglia and Nicolao Dino, who have already competed in previous elections.
“[A lista] is it a guarantee of independence and autonomy? It is a path, which can come with other issues, such as a term a little longer than two years, single and without re-election, or even with some quarantine to take on other positions, such as the position of minister or minister in the Supreme Court, ” said Luiza Frischeisen.
Nicolao Dino agreed. He said that just the possibility of an attorney-general of the Republic contemplating moving to another position during his term of office “already lights up a yellow light” about the possibility of conduct risks related to personal ambitions.
“This issue comes up because the entire press reported that the current Attorney General of the Republic was being considered to assume a seat in the Supreme Court,” he said.
Bonsaglia, on the other hand, suggested the possibility of Congress voting a bill that would authorize the review of filing requests by the Superior Council of the MPF, reducing the attorney general’s power to shelve investigations.
According to him, the form of selection of the current Attorney General of the Republic creates doubt in actions in sensitive cases that directly or indirectly respect the President of the Republic.
“If we are going to think objectively about the issue of the final word of the Attorney General of the Republic in a criminal investigation, it seems very reasonable to have a review mechanism,” he said.
“A bill may reasonably determine that in case the Supreme Minister refuses the filing promotion, does not agree with it, refer the case to the Superior Council of the Federal Public Prosecutor’s Office so that it can pronounce on the matter and give the final word”, added. “A collegiate body will look into the matter.”
Although not provided for by law, from 2003 to 2017 all presidents nominated for the post one of the three most voted names among their peers. After this nomination, the name must be approved by the Senate. Bolsonaro broke the line of choice for the ANPR list.
Despite acknowledging the difficulties in placing a name on this list to a president who has never committed to following it, members of the Federal Public Ministry have said that they believe that maintaining the list is important and should be reinforced.
They hope that, eventually, the nomination through the list will be considered mandatory in the approval of the PEC (proposed amendment to the Constitution) by Congress.
When Aras was nominated in 2019, there were ten candidates for the triple list. The Attorney General is the head of the Federal Public Ministry (which includes the Federal Public Ministry, the Military Public Ministry, the Labor Public Ministry and the Federal District and Territories Public Ministry) and represents the MPF before the STF and the STJ.
Among other functions, it is responsible for investigating and denouncing politicians such as federal deputies, senators, ministers of state and the president of the republic. After the presidential nomination, it must be approved by the Senate after a hearing.