Does the Before Influence the After? Career Paths, Nominations, and Votes of the STF Justices

Arantes, Rogério; Martins, Rodrigo

doi:10.1590/1981-3821202200030004

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Brazilian Political Science Review

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ARTICLE • Braz. political sci. rev. 16 (3) • Nov 2022 • https://doi.org/10.1590/1981-3821202200030004 copy

Does the Before Influence the After? Career Paths, Nominations, and Votes of the STF Justices ^* * We thank the people and institutions that contributed to this article. The text was discussed with researchers from JUDE (Judiciário e Democracia [Judiciary and Democracy], a research group at USP) and INSPER. It was also presented at ABCP and ANPOCS meetings. Wherever we went, we received invaluable comments and suggestions, without which we would not have reached the version submitted to the BPSR, where it also benefited from careful evaluations from its reviewers. To all, we are very grateful. The remaining errors and stubbornness are ours.

Authorship SCIMAGO INSTITUTIONS RANKINGS

Do previous trajectories of Federal Supreme Court justices influence their votes in court? Despite recent advances in research on judicial behavior, questions remain about the factors influencing the decisions of STF justices. Building a new typology of these justices' career paths, this article tests the hypothesis that professional characteristics influenced the judicial behavior of the justices judging the Ação Penal 470, a criminal case known as Mensalão . Our theory suggests that STF nominees bring to the court law interpretations and worldviews that were not only developed in their professional activities but also affected by the conditions of stability or political dependence that marked their career paths. Legal expertise means of professional rise, and types of interests justices were used to defending before joining the court shape the decision-making of the justices in the STF. Based on logistical regressions, we conclude that the votes to convict and acquit in the AP 470 trial are associated with these characteristics. Our findings carry implications for theories on judicial behavior and the process of appointing justices to the STF.

Supremo Tribunal Federal; career paths; judicial behavior; presidential appointments to the STF; Mensalão

Justice	Appointed by	Superior Court	Brasília	Expertise			Professional rise				Interests

				Prosecuting	Defending	Judging	Public Competition	Appointed position	Elected Position	Market	Private/ Partisan	Public	Adjudication between parties
Celso de Mello	José Sarney	No	Yes	Yes	No	No	Yes	No	No	No	No	Yes	No
Marco Aurélio	Collor	Yes	Yes	No	No	Yes	Yes	No	No	No	No	No	Yes
Gilmar Mendes	FHC	No	Yes	No	Yes	No	No	Yes	No	No	Yes	No	No
Joaquim Barbosa	Lula	No	No	Yes	No	No	Yes	No	No	No	No	Yes	No
Ayres Britto	Lula	No	No	No	Yes	No	No	Yes	No	Yes	Yes	No	No
Cezar Peluso	Lula	No	No	No	No	Yes	Yes	No	No	No	No	No	Yes
Ricardo Lewandovski	Lula	No	No	No	Yes	Yes	No	Yes	No	No	Yes	No	Yes
Carmen Lucia	Lula	No	No	No	Yes	No	Yes	No	No	No	Yes	No	No
Dias Toffoli	Lula	No	Yes	No	Yes	No	No	Yes	No	No	Yes	No	No
Luiz Fux.	Dilma	Yes	Yes	No	No	Yes	Yes	No	No	No	No	No	Yes
Rosa Weber.	Dilma	Yes	Yes	No	No	Yes	Yes	No	No	No	No	No	Yes
Teori Zavascki	Dilma	Yes	Yes	No	Yes	Yes	Yes	Yes	No	No	Yes	No	Yes
Roberto Barroso	Dilma	No	No	No	Yes	No	Yes	No	No	No	Yes	No	No

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[1] Correspondence. Rogério Arantes. E-mail: rarantes@usp.br