Opponents play with the hours against Fachin.

By Tereza Cruvinel

To have his name approved today by the Senate to join the Supreme Federal Court (STF), jurist Luiz Edson Fachin needs the vote of a majority of senators, that is, 41. Therefore, the timing of the start of the secret session is crucial. Opponents of his selection are manipulating the time to try and thwart the approval. As is known, the later a vote takes place, the greater the risk of the plenary session being empty.

Playing with the clock is a low tactic by those opposed to Fachin's nomination, following his masterful performance in the Constitution and Justice Committee hearing last week. There, he clarified all doubts and answered all questions brilliantly and convincingly, in addition to demonstrating his great legal knowledge. Aware that he will repeat this performance in the plenary session, the anti-Fachin bloc has begun to play with time. It is regrettable that the Senate is thus belittling the exercise of such high competence, exchanging the fair evaluation of the nominee's profile for the manipulation of the ritual clock's hands. Leading the opposition to the nomination would be Renan, due to his clash with the Planalto Palace, and on the other side the faction of the opposition interested only in defeating President Dilma. Despite what one of the toughest opposition figures, Senator Álvaro Dias, a member of the PSDB party and a fellow countryman of Fachin who knows him well, said during the hearing: "Rejecting his name simply because he was nominated by Dilma would be a demonstration of opportunism," Dias declared last Tuesday.

As of now, there is no exact time for the deliberation regarding his choice. The Senate agenda includes a scheduled Order of the Day in which Provisional Measures 665 and 664 would be discussed, with the possibility of voting on at least the first, although this is difficult due to the heated debate expected regarding restrictions on access to unemployment insurance. This Order of the Day, however, is only expected to begin after 16:30 PM, when the Senate President, Renan Calheiros, is scheduled to receive the Chinese Premier Li Keqiang.

Since the visit is expected to last at least 30 minutes, the Order of the Day is expected to begin around 17 PM, continuing into the evening. In principle, Renan told his colleagues that the consideration of Fachin's nomination, in a closed session, could begin at 19 PM. This would still be a reasonable time. However, if the debate and voting on the provisional measures progresses significantly, the consideration of Fachin's nomination is at risk.

In his most recent statement on the matter, Renan said that "the most logical thing to do is consult the plenary" about the order of voting. Uncertainty persists, therefore, regarding the timing of the secret deliberation. Many senators, as is known, have meetings in ministries and, in order to vote for Fachin (or against), they will have to remain confined to the Senate.

The Senate's government leader, Delcídio Amaral, acknowledges that there will be difficulties but is optimistic, expecting approval by a narrow margin but counting on at least 55 favorable votes. However, a promise to vote in favor is not enough; attendance is necessary to guarantee a quorum.