Senate plenary approves Cristiano Zanin as new STF minister

After going through an almost eight-hour sabbatical at the CCJ, the lawyer obtained approval with a vote of 21 to 5. In the main plenary of the House, it was necessary to obtain at least 41 favorable votes for approval.

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Zanin's inauguration should take place in August - Photo Reproduction/Tv Senado

On Wednesday (21), the lawyer Cristiano Zanin was approved by the plenary of the Senate to fill the vacancy of minister in the Federal Supreme Court (STF), left by Ricardo Lewandowski. Zanin was approved by the Federal Senate with 58 votes in favor and 18 against. Previously, he went through a sabbatical at the Constitution and Justice Commission (CCJ), where his name was approved by 21 votes in favor and 5 against.

Tonight was appointed to the position in the STF, by President Luiz Inacio Lula da Silva (PT). He played a role in defending Lula during Operation Lava Jato proceedings and in the 2022 presidential campaign.

In the appointment of ministers to the STF, it is the exclusive responsibility of the Senate to analyze the choice through a secret ballot, that is, there is no need for a vote in the Chamber of Deputies. At the age of 47, taking into account the current retirement rules at the Supreme Court, he will have the opportunity to serve for 28 years on the body, until he reaches the age of 75. The decision on Zanin's inauguration will take place this Thursday (22nd), after a meeting between him and the president of the Supreme Court, Rosa Weber.

Sabbath

During the long sabbath, which lasted for almost eight o'clock, the newly appointed minister addressed a variety of topics in response to questions. These themes included the use of illicit evidence in prosecutions, unilateral decisions, cases of impediment and suspicion, practices of "lawfare" and judicial activism.

When asked about the main qualities of a minister, he emphasized the importance of "balance, temperance and impartiality" on the part of judges. He said that competent judges should avoid any ties to one of the parties involved and pay equal attention to all sides. He said that the magistrate must listen to all parties on equal terms and form his opinion with an always balanced approach.

Zanin was asked several times about issues currently under review by the Supreme Federal Court, such as the Temporal Framework, the State-owned Law and racial profiling, among others. However, he chose not to express his opinion on these matters, considering that he may come to judge them in the future.

Asked about his indication made by the Brazilian president, Luiz Inácio Lula da Silva (PT), the lawyer refuted the criticism, insinuating that his nomination occurred only due to his proximity to Lula and denied that he will act in the Supreme Court as a "subordinate" of the current President of the Republic.

"I will be guided exclusively by the Constitution and the laws, without any type of subordination to anyone. A Minister of the STF can only be subordinated to the Constitution. The issue of impartiality for me is a fundamental and structuring element of the justice system", said Zanin.

Zanin stated that if approved by the institution, he would not be able to judge any case in the Federal Supreme Court in which he acted, regardless of the party involved. "The judge's impartiality is a structuring element of Justice itself. And the Justice system works precisely because of its credibility", he said.

Cristiano Zanin

Zanin became known in 2013, when he took over Lula's defense until then led by Roberto Teixeira, his father-in-law. Common combative and seemingly tireless style, he soon became the antagonist of former judge Sérgio Moro, currently a senator, responsible for judging cases related to the defunct "car wash" operation, which gained strength from 2014.

The lawyer, getting closer and closer to Lula from 2018, during the 580 days in which the president was imprisoned in Curitiba by order of Moro, Zanin said that he is proud to have contributed to revealing the illegal methods of "car wash " through his performance, in addition to having won all cases involving his client, the PT.

Zanin is widely recognized as a criminalist, although his specialization is in Civil Procedural Law at PUC-SP. However, in private conversations, he does not attach importance to this type of label, as he believes that a competent lawyer needs to have an interdisciplinary background, especially to deal with complex cases, such as the "car wash". Along with his wife, Valeska Zanin Martins, he incorporated this interdisciplinary approach into his defenses of Lula.

Tonight, Graduated in Law from PUC-SP in 1999. He also taught Civil Law classes at Faculdade Autônoma de São Paulo and started his career as an intern at Arruda Alvim in 2000. In 2004, he started working at Teixeira Martins Advogados. In 2020, the firm was renamed Teixeira Zanin Martins Advogados, reflecting the inclusion of Zanin's name in the company, along with Valeska and Larissa Teixeira.

Acting as Lula's lawyer brought several obstacles to Zanin's other processes, since it placed his client under the spotlight of the national press. A particularly striking case occurred in 2016, when the Brazilian press revealed that Zanin's office was bugged by Moro, even though the interception of conversations between clients and lawyers was prohibited. In 2020, Zanin became the target of another judge involved in Operation Lava Jato, Marcelo Bretas.

At the request of the Federal Public Ministry in Rio de Janeiro, Bretas ordered a search and seizure against several lawyers, including Zanin. This media action was based on the denunciation of former president of Fecomércio do Rio de Janeiro, Orlando Diniz, but was later annulled by the Federal Supreme Court due to usurpation of competence. During the interview, the lawyer, at that time, already expressed his defense stating that the investigation constituted an attempt to intimidate legal professionals.

In addition, he denounced the indiscriminate use of accusations as a basis for legal proceedings. He stated: "The 'car wash' had been using the methodology of using informers as a means to reach pre-established targets since the beginning of the operation". Zanin had already addressed this issue in another interview, where he stressed that the "process model based on whistle-blowing prevents the real fight against corruption". During the conversation, the lawyer also commented on the launch of the book entitled Lawfare: an introduction, which he wrote together with Valeska Teixeira Martins and Rafael Valim.