Habeas Corpus 193.726 (STF) — lack of jurisdiction of the 13th Court

Body: STF
Number: HC 193.726
Subject: Jurisdiction of the 13th Federal Court of Curitiba over Lula's cases (triplex, Atibaia, Instituto Lula).

Status as of October 24, 2026: Case judged by the full court; cases sent to the Federal District and closed due to the statute of limitations/lack of just cause (Atibaia and triplex).

Sources (2)

On August 21, 2021, Judge Pollyana Kelly Alves of the 12th Federal Court of Brasília rejected the Atibaia ranch indictment for lack of just cause (the MPF did not point to evidence that survived the annulment) and declared the criminal liability of defendants over 70 extinguished by the statute of limitations (Lula, Emílio Odebrecht, Alexandrino Alencar and Léo Pinheiro); the decision was open to appeal.

Judicial or administrative decisionSingle source

Source: Juíza de Brasília rejeita denúncia contra Lula por sítio e extingue punição — Gazeta do Povo, Aug. 22, 2021 · body of the article · open original ↗

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

Source: Juíza arquiva ação contra Lula no caso do triplex — IstoÉ Dinheiro, Jan. 28, 2022 · body of the article · open original ↗

Parties and roles

Lula — petitioner
Edson Fachin — rapporteur

Case history

Mar. 8, 2021
Single-justice decision by Fachin.
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
Source: Marcado para 14/4 julgamento de recursos da decisão que anulou condenações de Lula — Supreme Federal Court, Mar. 25, 2021 · body of the news item · open original ↗
Apr. 15, 2021
Full court, 8 to 3.
Sources (1)
The STF Plenary rejected, by 8 votes to 3, the PGR's appeal in HC 193.726 and confirmed the lack of jurisdiction of the 13th Federal Court of Curitiba and the annulment of the criminal cases on the triplex, the Atibaia ranch and the Lula Institute; Nunes Marques opened the dissent, joined by Marco Aurélio and Luiz Fux.
Judicial or administrative decisionProven in a document
Source: STF confirma anulação de condenações do ex-presidente Lula na Lava Jato — Supreme Federal Court, Apr. 15, 2021 · body of the news item · open original ↗
Apr. 22, 2021
Full court sets the Federal Courts of the Federal District.
Sources (1)
On April 22, 2021, the full court (Plenary) established, by majority, the Federal Court of the Federal District as having jurisdiction over the cases against Lula; Alexandre de Moraes and Ricardo Lewandowski were partly outvoted (they preferred São Paulo) and Nunes Marques, Marco Aurélio and Luiz Fux voted to grant the PGR's appeal in full, keeping the cases in Curitiba.
Judicial or administrative decisionProven in a document
Source: Plenário fixa competência da Justiça Federal do DF para julgar processos contra ex-presidente Lula — Supreme Federal Court, Apr. 22, 2021 · body of the news item · open original ↗
June 23, 2021
Full court judges the defense's second internal appeal and upholds the bias finding.
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 ↗