2ª Turma reconhece parcialidade de ex-juiz Sérgio Moro na condenação de Lula no caso Triplex

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.

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 ↗

Release (primary) · excerpt examined · accessed on Oct. 24, 2026

Limitations: The STF news item says 'by majority' without stating the numerical tally; the 3 to 2 follows from adding up the votes described and is confirmed by Conjur.

Following Gilmar Mendes's vote, the Second Panel ordered the annulment of all of Moro's decisions in the triplex case, including the acts of the pre-trial phase.

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 ↗

Release (primary) · excerpt examined · accessed on Oct. 24, 2026

Lula's defense argued that Moro's acceptance of Jair Bolsonaro's invitation to the Ministry of Justice would indicate bias and political motivation; Cármen Lúcia cited the forced appearance for questioning without prior summons and the interception of lawyers and said her vote did not consider conversations released by the press and absent from the case file.

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

Release (primary) · excerpt examined · accessed on Oct. 24, 2026

Limitations: The defense's arguments are described by the STF news item, not by the petition.

Nunes Marques voted against the bias ruling: he found that bias should be raised in a bias challenge (exceção de suspeição), with production of evidence and adversarial proceedings, and not in a habeas corpus, and that the released conversations between Moro and the task force were obtained unlawfully and could not be accepted.

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

Release (primary) · excerpt examined · accessed on Oct. 24, 2026