ADPF 568 (STF) — allocation of the funds from the Petrobras agreement

Body: STF
Number: ADPF 568
Subject: Agreement between Petrobras and the MPF-PR on amounts paid in the U.S.; creation of a private foundation.

Status as of October 24, 2026: Dismissed on the merits on September 17, 2019; final and unappealable on October 11, 2019 (chambers note).

Sources (1)

In a note of January 15, 2021, Moraes's chambers stated that the final decision in ADPF 568 was issued on September 17, 2019, dismissing the case with a ruling on the merits, and became final on October 11, 2019, and that the funds were allocated to education, the environment and, in 2020, partly to fighting Covid-19.

Official dataProven in a document

Source: Nota do gabinete do ministro Alexandre de Moraes — Supreme Federal Court, Jan. 15, 2021 · body of the note · open original ↗

Parties and roles

Raquel Dodge — plaintiff (PGR)
Alexandre de Moraes — rapporteur

Case history

Mar. 15, 2019
Injunction suspends the agreement.
Sources (1)
On March 15, 2019, in ADPF 568 (filed by the PGR; related cases ADPF 569, by PT and PDT, and Rcl 33.667, by the Chamber of Deputies), Alexandre de Moraes suspended the effects of the Agreement on the Assumption of Obligations between Petrobras and prosecutors of the MPF-PR and of the 13th Court decision that approved it, and froze the deposited amounts (US$682.5 million transferred by Petrobras to 'Brazilian authorities' under an agreement with the DOJ), citing the risk of diversion of public money and doubt about the creation of a private foundation to manage them.
Judicial or administrative decisionProven in a document
Source: Ministro suspende eficácia de acordo firmado entre procuradores da República no Paraná e Petrobras — Supreme Federal Court, Mar. 15, 2019 · body of the news item · open original ↗
Sept. 17, 2019
Approval of a new agreement.
Sources (1)
On September 17, 2019 Moraes approved the agreement signed on September 5, 2019 among the PGR, the Chamber of Deputies, and the Union on the allocation of about R$2.6 billion from Petrobras (R$1.6 billion for education and about R$1 billion for the environment/Legal Amazon), with transfer of the funds to the National Treasury's single account; it set aside the nullities of the earlier agreement (parties without standing; payment was for the Treasury; allocation defined by budget law).
Judicial or administrative decisionSeveral independent sources
Source: Ministro homologa acordo que destina verba recuperada da Petrobras para educação e meio ambiente — Supreme Federal Court, Sept. 17, 2019 · body of the news item · open original ↗
Mar. 22, 2020
R$1.6 billion to Health (reported on March 22, 2020; decision date not given).
Sources (1)
In March 2020, Moraes approved a request from Prosecutor General Augusto Aras and allocated R$1.6 billion of the Petrobras amount (taken from education actions not yet carried out) to the Ministry of Health to fight Covid-19.
Judicial or administrative decisionProven in a document
Source: Ministro Alexandre de Moraes autoriza destinação de R$ 1,6 bilhão ao Ministério da Saúde, para combate ao coronavírus — Supreme Federal Court, Mar. 22, 2020 · body of the news item · open original ↗