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STF First Panel to Begin Review of Reinstatement for Santa Catarina Delegate Candidate Barred Over Spouse’s Conviction

The justices will weigh whether excluding a candidate for a partner’s past crime passes constitutional scrutiny.

Overview

  • Lays Lopes Carneiro Barcelos was provisionally reinstated by Minister Flávio Dino after being cut in the social background check phase of the police delegate concurso.
  • Votes in the Supreme Court’s First Panel are set to open on November 14 with a window for members to cast their ballots through November 25.
  • Dino’s October injunction cited the presumption of innocence, individualization of punishment and the ban on penalties extending to third parties as reasons to avoid irreparable harm.
  • The minister ordered submission of an updated criminal certificate and sentencing records for the spouse, plus documents showing ten years of employment history, to inform the merits ruling.
  • The Santa Catarina Court of Justice had upheld her disqualification as incompatible with the role, and the state’s police chief, Ulisses Gabriel, publicly criticized the reinstatement on social media.