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Cases

Guarujá triplex criminal case (Lula)

Body
13th Federal Court of Curitiba
Subject
Charge of passive corruption and money laundering involving an apartment in Guarujá (MPF accusation; Moro's sentence in 2017).
Status as of October 24, 2026: Convictions annulled by the STF in 2021 (lack of jurisdiction and bias) and case dismissed due to the statute of limitations on January 27, 2022. No final and unappealable conviction, according to the entry.
Sources (2)

On January 27, 2022, Judge Pollyana Kelly Alves of the 12th Federal Criminal Court of the DF granted the MPF's request, closed the triplex case and declared extinguished, by the statute of limitations on the punitive claim, the criminal liability of Lula, José Adelmário Pinheiro Filho and another defendant, citing the Atibaia case as a similar situation.

Judicial or administrative decisionSeveral independent sources

According to the entry, Lula has no conviction that is final (transitada em julgado); he reportedly was a defendant in ten criminal cases in Lava Jato and, in 23 cases, inquiries were closed or indictments rejected (statute of limitations, absence or nullity of evidence, defective indictment).

News reportSingle source

Parties and roles

  • Lula — defendant
    Sources (1)

    According to the entry, Moro convicted Lula in 2017 to 9 years and 6 months (passive corruption and money laundering; OAS bribe of R$2.2 million) and the TRF4 unanimously upheld the conviction, raising the sentence to 12 years and 1 month in early 2018.

    News reportSingle source
  • Sergio Moro — judge
    Sources (1)

    According to the entry, Moro convicted Lula in 2017 to 9 years and 6 months (passive corruption and money laundering; OAS bribe of R$2.2 million) and the TRF4 unanimously upheld the conviction, raising the sentence to 12 years and 1 month in early 2018.

    News reportSingle source

Case history

  1. Moro's sentence: 9 years and 6 months.

    Sources (1)

    According to the entry, Moro convicted Lula in 2017 to 9 years and 6 months (passive corruption and money laundering; OAS bribe of R$2.2 million) and the TRF4 unanimously upheld the conviction, raising the sentence to 12 years and 1 month in early 2018.

    News reportSingle source
  2. TRF4 upheld the conviction and increased the sentence to 12 years and 1 month.

    Sources (1)

    According to the entry, Moro convicted Lula in 2017 to 9 years and 6 months (passive corruption and money laundering; OAS bribe of R$2.2 million) and the TRF4 unanimously upheld the conviction, raising the sentence to 12 years and 1 month in early 2018.

    News reportSingle source
  3. STF (Fachin) declared the 13th Court lacked jurisdiction and annulled the decisions.

    Sources (1)

    On March 8, 2021, in HC 193.726, Justice Edson Fachin declared the 13th Federal Court of Curitiba to lack jurisdiction over Lula's criminal cases (the Guarujá triplex, the Atibaia ranch and the Lula Institute), annulled the court's decisions, including the convictions, and ordered the case files sent to the Federal Court of the Federal District, finding that the facts had no direct connection with the Petrobras scheme.

    Judicial or administrative decisionProven in a document
  4. Second Panel recognized Moro's bias (HC 164.493).

    Sources (1)

    According to the STF, the Second Panel recognized by majority, in HC 164.493, Moro's partiality in Lula's conviction in the triplex case; Ricardo Lewandowski and Cármen Lúcia (who adjusted her vote) followed Gilmar Mendes's dissent, while Edson Fachin (rapporteur) and Nunes Marques voted against.

    Judicial or administrative decisionProven in a document
  5. Federal Courts of the Federal District dismissed the case due to the statute of limitations.

    Sources (1)

    On January 27, 2022, Judge Pollyana Kelly Alves of the 12th Federal Criminal Court of the DF granted the MPF's request, closed the triplex case and declared extinguished, by the statute of limitations on the punitive claim, the criminal liability of Lula, José Adelmário Pinheiro Filho and another defendant, citing the Atibaia case as a similar situation.

    Judicial or administrative decisionSeveral independent sources