Habeas Corpus 164.493 (STF) — Moro's bias

Parties and roles

• Lula — petitioner
• Sergio Moro — authority alleged to be biased

Case history

1. Mar. 8, 2021

   Declared moot in a single-justice decision by Fachin (lack of jurisdiction).

   Sources (1)

   On March 8, 2021, in declaring that the 13th Federal Court of Curitiba lacked jurisdiction, Edson Fachin declared several of Lula's habeas corpus petitions moot, among them HC 164.493 on Moro's bias; the defense appealed and the matter was decided by the Plenary.

   News reportSeveral independent sources

   Source: STF derruba condenações de Lula na Lava Jato — Migalhas, Apr. 15, 2021 · body of the article · open original ↗

2. Mar. 23, 2021

   Second Panel declares the bias (3 to 2).

   Sources (2)

   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

   Source: 2ª Turma reconhece parcialidade de ex-juiz Sérgio Moro na condenação de Lula no caso Triplex — Supreme Federal Court, Mar. 23, 2021 · body of the news item · open original ↗

   Conjur reports a majority of three votes (Cármen Lúcia, Gilmar Mendes and Ricardo Lewandowski) against two (Edson Fachin and Nunes Marques) in the Second Panel, with Cármen Lúcia's deciding vote on March 23, 2021 and publication of the ruling on June 4, 2021.

   News reportSeveral independent sources

   Source: STF publica acórdão da 2ª Turma sobre suspeição de Moro — Consultor Jurídico, June 4, 2021 · body of the article · open original ↗

3. June 23, 2021

   Full court upholds it, 7 to 4, in judging the defense's second internal appeal in HC 193.726 (see Habeas Corpus 193.726 (STF) — lack of jurisdiction of the 13th Court).

   Sources (1)

   The STF Plenary upheld, by 7 votes to 4, on June 23, 2021, the Second Panel's finding that Moro was biased and the annulment of his decisions in the triplex case, in judging the second internal appeal (agravo regimental) by Lula's defense against Fachin's decision in HC 193.726.

   Judicial or administrative decisionProven in a document

   Source: STF confirma suspeição de Sergio Moro na ação do triplex do Guarujá — Supreme Federal Court, June 23, 2021 · body of the news item · open original ↗

4. June 24, 2021

   Extension to Atibaia and Instituto Lula.

   Sources (1)

   Gilmar Mendes extended the finding that Moro was biased to the criminal cases on the Atibaia ranch and the Lula Institute properties, on grounds of factual and legal identity, equality and legal certainty (art. 580 of the CPP), mentioning among the common facts the forced appearance for questioning, the interceptions and the lifting of secrecy over Antonio Palocci's plea agreement during the 2018 campaign.

   Judicial or administrative decisionProven in a document

   Source: Ministro Gilmar Mendes estende suspeição de Moro em relação a Lula a mais duas ações penais — Supreme Federal Court, June 24, 2021 · body of the news item · open original ↗