The trial that could certify Marcelo in the Senate has been postponed.
Fux may reverse his decision that deemed Marcelo ineligible due to his conviction in the Appeal Against Diploma Issuance (Rced) No. 698, which placed him under the Ineligibility Law 64/90. Defense lawyers argue that the republication of the Rced ruling opened the door for appeals, meaning the case has not yet reached a final judgment, thus guaranteeing Marcelo Miranda's eligibility.
Tocantins 247 – The hearing on the appeal by former governor Marcelo Miranda (PMDB) regarding his candidacy registration for the Senate in 2010 and his certification as senator, scheduled for this Tuesday, the 18th, has been postponed to next Tuesday, the 25th, by Supreme Court Justice Luiz Fux. The seat is currently held by Vicentinho Alves (SDD), who came in third place in the election.
According to Marcelo's lawyer, Angela Marquez, Fux may reverse the decision that deemed Marcelo ineligible due to his conviction in the Appeal Against Diploma Issuance (Rced) No. 698, which placed him under the Ineligibility Law 64/90.
The publication of the Supreme Court's decision to remove Marcelo from office, dated June 10, 2010, incorrectly listed the name of the former governor's lawyer. The correction came two years later, with the republication of the decision, as ordered by former president Cézar Peluso.
The defense lawyers understand that the republication of the ruling opened the door for appeals, meaning the case has not yet reached a final judgment. If the ruling that removed Marcelo Miranda from office was not final in 2010, then Marcelo Miranda was not ineligible and was able to run for, be elected to, and be sworn in for the Senate seat. (Updated at 19:04 pm)