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Release of Antonio Palocci's plea agreement (October 1, 2018)

Sergio Moro · Antonio Palocci · Lula

On October 1, 2018, six days before the first round, Moro lifted the secrecy of the first statement of Antonio Palocci's cooperation, which was part of a Lava Jato criminal case against Lula. The PT filed a complaint against Moro with the National Council of Justice (CNJ), which asked for explanations on October 4, 2018. Moro responded that the measure was necessary to gauge benefits in a possible sentence, that there was no electoral intent, and that the Judiciary cannot stop because of an election. In 2021, Gilmar Mendes included the lifting of secrecy among the acts underlying the extension of Moro's bias ruling.

Status as of October 24, 2026: The lifting of secrecy is cited by the Supreme Federal Court (STF) (2021) as one of the facts in the 'setting' of Moro's partial conduct; the bias ruling stands (see Moro's bias ruling in the triplex case (HC 164.493)). We did not find in open sources the outcome of the PT's complaint to the National Council of Justice (CNJ). The full text of Moro's order and the position of the Federal Public Prosecutor's Office (MPF) on the release were not opened.
Sources (2)

In the decision extending the bias ruling to Atibaia and the Lula Institute, Gilmar Mendes included the lifting of secrecy over Antonio Palocci's plea agreement during the 2018 campaign among the acts he pointed to as part of a 'scenario' of biased conduct by Moro.

Judicial or administrative decisionProven in a document

The CNJ asked Moro for explanations on October 4, 2018, following a complaint by the PT about the lifting of secrecy over the plea agreement.

News reportSingle source
Accusation
Workers' Party: The PT filed a complaint with the National Council of Justice (CNJ) against Moro over lifting the secrecy of Palocci's plea agreement six days before the first round.
Sources (1)

The CNJ asked Moro for explanations on October 4, 2018, following a complaint by the PT about the lifting of secrecy over the plea agreement.

News reportSingle source
Response
Sergio Moro: Moro told the National Council of Justice (CNJ) that the release was necessary for a possible calibration of the cooperation benefits, that the police only presented corroborating elements on 09/24, that there was no intent to influence the elections, and that the testimony concerned Lula, without mentioning the PT candidate. — verbatim quote
Sources (1)

In response to the CNJ, Moro said that lifting secrecy was necessary because, in the event of a conviction, he would have to determine the benefits of the cooperation; that the police presented corroborating elements only on September 24 and he waited for that moment; that there was no intention to influence the elections; that the Judiciary cannot stop because there is an election; and that the testimony concerned Lula, with no reference to the PT's presidential candidate.

StatementSingle source

Decisions

DateBody and caseSphereOutcome
Oct. 1, 201813th Federal Court of Curitiba · Judge Sergio Moro
Ação penal da Lava Jato contra Lula (apartamento em São Bernardo do Campo e terreno do Instituto Lula; número não informado)
Criminal sphereSecrecy lifted on Antonio Palocci's Cooperation Statement 1.
Sources (1)

On October 1, 2018, six days before the first round, Moro lifted secrecy over Antonio Palocci's Cooperation Statement 1, filed in the Lava Jato criminal case in which Lula was a defendant (the apartment in São Bernardo do Campo and the Lula Institute lot).

Judicial or administrative decisionSingle source
Oct. 4, 2018CNJ · National Internal Affairs Office of Justice (Corregedoria Nacional de Justiça)
Representação do PT contra Moro (número não confirmado)
Disciplinary sphereInternal affairs judge asked Moro for explanations; outcome not located.
Sources (1)

The CNJ asked Moro for explanations on October 4, 2018, following a complaint by the PT about the lifting of secrecy over the plea agreement.

News reportSingle source
June 24, 2021STF · Justice Gilmar Mendes
HC 164.493 (extensão)
Procedural decisionLifting of the secrecy of Palocci's plea agreement during the 2018 campaign cited among the common facts underlying the extension of Moro's bias ruling to the Atibaia case and the Instituto Lula case.
Sources (1)

In the decision extending the bias ruling to Atibaia and the Lula Institute, Gilmar Mendes included the lifting of secrecy over Antonio Palocci's plea agreement during the 2018 campaign among the acts he pointed to as part of a 'scenario' of biased conduct by Moro.

Judicial or administrative decisionProven in a document

“Conviction” and “acquittal” apply only in the sphere indicated: a civil or disciplinary decision is not a criminal conviction.

Cases: Habeas Corpus 164.493 (STF) — Moro's bias

Quotes

não vislumbro riscos às investigações em outorgar-lhe publicidade.

Portal translation: I do not foresee risks to the investigations in granting it publicity.

Sergio Moro · October 1, 2018 · Order · Lava Jato criminal case in the 13th Federal Court of Curitiba (lifting of secrecy on Antonio Palocci's Cooperation Statement 1)

Context, original and sources →
não houve da parte deste juiz qualquer intenção de influenciar as eleições gerais de 2018

Portal translation: there was no intention on the part of this judge to influence the 2018 general elections

Sergio Moro · October 2018 · Note/letter · Moro's submission to the National Council of Justice (CNJ) (National Internal Affairs Office of Justice)

Context, original and sources →

Evidence

On October 1, 2018, six days before the first round, Moro lifted secrecy over Antonio Palocci's Cooperation Statement 1, filed in the Lava Jato criminal case in which Lula was a defendant (the apartment in São Bernardo do Campo and the Lula Institute lot).

Judicial or administrative decisionSingle source

Excerpt: “não vislumbro riscos às investigações em outorgar-lhe publicidade.”

News report · excerpt examined · accessed on Oct. 24, 2026

In response to the CNJ, Moro said that lifting secrecy was necessary because, in the event of a conviction, he would have to determine the benefits of the cooperation; that the police presented corroborating elements only on September 24 and he waited for that moment; that there was no intention to influence the elections; that the Judiciary cannot stop because there is an election; and that the testimony concerned Lula, with no reference to the PT's presidential candidate.

StatementSingle source

Excerpt: “não houve da parte deste juiz qualquer intenção de influenciar as eleições gerais de 2018”

News report · excerpt examined · accessed on Oct. 24, 2026

Limitations: Date of the statement not provided; the news report is dated October 18, 2018.

The CNJ asked Moro for explanations on October 4, 2018, following a complaint by the PT about the lifting of secrecy over the plea agreement.

News reportSingle source

News report · excerpt examined · accessed on Oct. 24, 2026

Limitations: Outcome of the complaint at the CNJ not found in the sources consulted.

In the decision extending the bias ruling to Atibaia and the Lula Institute, Gilmar Mendes included the lifting of secrecy over Antonio Palocci's plea agreement during the 2018 campaign among the acts he pointed to as part of a 'scenario' of biased conduct by Moro.

Judicial or administrative decisionProven in a document

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

Identifier: ep:delacao-palocci-2018