The Implications of Minister Teori Zavascki’s Replacement

BRAZIL POLITICS - Report 19 Jan 2017 by Murillo de Aragão and Cristiano Noronha

The press has confirmed that Minister Teori Zavascki, of the Federal Supreme Court (STF), has died in an airplane crash off the coast of Rio de Janeiro this afternoon.

Teori was the rapporteur of the cases in the Lava Jato Operation.The main doubt following his death concerns the rapporteurship of these cases.

According to the Internal Regiment of the STF (Art. 38, Item IV), the cases should be redistributed to the minister’s successor, who will be appointed by the President of the Republic.However, due to the delicate nature of the matter and popular repercussions, the possibility of a lottery to redistribute the rapporteurship of the cases in the STF cannot be discarded.However, this solution requires consensus among the ministers.

A source from the STF informed Arko Advice that the urgent matters concerning the Lava Jato cases will be decided by the revising-rapporteur, Minister Luís Roberto Barroso.

It is important to note that Teori’s analysis of the Odebrecht plea bargain deals was in an advanced stage.

The appointment of STF ministers is a decision made by the President of the Republic.Once the decision is made, the appointment must be analyzed and approved by the Federal Senate.
An absolute majority in the Senate (41 votes) is required for approval of the appointment.

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