Foundation with funds from the Petrobras–DOJ agreement (ADPF 568)
Deltan Dallagnol · Sergio Moro · Gabriela Hardt · Alexandre de Moraes · Raquel Dodge · Rodrigo Badaró
In January 2019, the 13th Federal Court of Curitiba (substitute judge Gabriela Hardt) approved an agreement between Petrobras and federal prosecutors of the MPF-PR to direct part of the amount the state-owned company paid to Brazilian authorities, in the agreement with the U.S. Department of Justice, to a private foundation of social interest to be managed by the task force. The Office of the Prosecutor General (PGR) (Raquel Dodge) challenged it in ADPF 568; on March 15, 2019 Alexandre de Moraes suspended the agreement and froze the funds. On September 17, 2019 he approved a new agreement (PGR, Chamber of Deputies, and the Union), allocating about R$2.6 billion to education (R$1.6 billion) and environment/Amazon (about R$1 billion); in March 2020, R$1.6 billion was shifted to the Ministry of Health. On August 4, 2026 the National Council of Justice (CNJ) punished Hardt with a two-year forced leave (disponibilidade) for the approval.
Sources (2)
In a note of January 15, 2021, Moraes's chambers stated that the final decision in ADPF 568 was issued on September 17, 2019, dismissing the case with a ruling on the merits, and became final on October 11, 2019, and that the funds were allocated to education, the environment and, in 2020, partly to fighting Covid-19.
Source: Nota do gabinete do ministro Alexandre de Moraes — Supreme Federal Court, Jan. 15, 2021 · body of the note · open original ↗
On August 4, 2026 the CNJ full court imposed on Gabriela Hardt, by majority, the penalty of disponibilidade (compulsory leave from duty) for two years (proportional pay, according to Agência Brasil; the judge continues to receive a salary, according to Congresso em Foco) in a PAD with Rodrigo Badaró as rapporteur, for having approved in 2019, as a substitute at the 13th Court, an agreement between Petrobras and the MPF that allocated R$2 billion (according to Agência Brasil) or R$2.5 billion (according to Congresso em Foco) to a private foundation run by prosecutors; the rapporteur pointed to 'institutional capture', without corruption or enrichment; the report notes approval in less than 48 hours without hearing the Union. The amount of the agreement with the DOJ was US$682.5 million, according to the STF.
Source: CNJ afasta ex-juíza da Lava Jato por dois anos — Agência Brasil, Aug. 4, 2026 · body of the article · open original ↗
- Accusation
- Raquel Dodge: The Office of the Prosecutor General (PGR) argued that the first-instance Federal Public Prosecutor's Office (MPF) lacked authority to manage the funds and that the Federal Courts had no jurisdiction to approve the agreement.
Sources (2)
The PGR (Raquel Dodge) argued that the first-instance MPF has no powers to manage the funds and that the Federal Court lacked jurisdiction to approve the agreement; the task force said it had already requested suspension of the fund before the PGR's request.
AccusationSingle sourceSource: Ministro do Supremo suspende acordo da Lava Jato com os EUA — Agência Brasil, Mar. 15, 2019 · body of the article · open original ↗
On March 15, 2019, in ADPF 568 (filed by the PGR; related cases ADPF 569, by PT and PDT, and Rcl 33.667, by the Chamber of Deputies), Alexandre de Moraes suspended the effects of the Agreement on the Assumption of Obligations between Petrobras and prosecutors of the MPF-PR and of the 13th Court decision that approved it, and froze the deposited amounts (US$682.5 million transferred by Petrobras to 'Brazilian authorities' under an agreement with the DOJ), citing the risk of diversion of public money and doubt about the creation of a private foundation to manage them.
Judicial or administrative decisionProven in a documentSource: Ministro suspende eficácia de acordo firmado entre procuradores da República no Paraná e Petrobras — Supreme Federal Court, Mar. 15, 2019 · body of the news item · open original ↗
Rodrigo Badaró: The rapporteur at the National Council of Justice (CNJ), Rodrigo Badaró, pointed to 'institutional capture' in an agreement that directed funds to a private foundation run by prosecutors. The report records that the approval took place in less than 48 hours, without hearing the Union.Sources (1)
On August 4, 2026 the CNJ full court imposed on Gabriela Hardt, by majority, the penalty of disponibilidade (compulsory leave from duty) for two years (proportional pay, according to Agência Brasil; the judge continues to receive a salary, according to Congresso em Foco) in a PAD with Rodrigo Badaró as rapporteur, for having approved in 2019, as a substitute at the 13th Court, an agreement between Petrobras and the MPF that allocated R$2 billion (according to Agência Brasil) or R$2.5 billion (according to Congresso em Foco) to a private foundation run by prosecutors; the rapporteur pointed to 'institutional capture', without corruption or enrichment; the report notes approval in less than 48 hours without hearing the Union. The amount of the agreement with the DOJ was US$682.5 million, according to the STF.
Judicial or administrative decisionSeveral independent sourcesSource: CNJ afasta ex-juíza da Lava Jato por dois anos — Agência Brasil, Aug. 4, 2026 · body of the article · open original ↗
- Response
- Lava Jato task force at the MPF in Curitiba: The task force stated, on March 15, 2019, that it had already asked for the suspension of the fund before the PGR's request (Agência Brasil report).
Sources (1)
The PGR (Raquel Dodge) argued that the first-instance MPF has no powers to manage the funds and that the Federal Court lacked jurisdiction to approve the agreement; the task force said it had already requested suspension of the fund before the PGR's request.
AccusationSingle sourceSource: Ministro do Supremo suspende acordo da Lava Jato com os EUA — Agência Brasil, Mar. 15, 2019 · body of the article · open original ↗
Gabriela Hardt: Hardt's defense argued before the National Council of Justice (CNJ) that she understood the Curitiba Federal Public Prosecutor's Office (MPF) and Petrobras to have standing to enter the agreement and that there was no bias-based motivation.Sources (1)
Hardt's defense argued at the CNJ that she understood that the Curitiba MPF and Petrobras had standing to sign the agreement and was not motivated by bias.
Response/defenseSingle sourceSource: CNJ afasta ex-juíza da Lava Jato por dois anos — Agência Brasil, Aug. 4, 2026 · body of the article · open original ↗
Sergio Moro: Moro and Dallagnol denied, according to Congresso em Foco, the accusations about informal discussion of the agreement with the judge.Sources (1)
According to the Congresso em Foco report, a report by the National Internal Affairs Office of the Judiciary records that Hardt informally discussed by WhatsApp the approval of the agreement with Sergio Moro and Deltan Dallagnol; both denied the accusations.
News reportSingle sourceSource: CNJ afasta por dois anos a juíza Gabriela Hardt, substituta de Moro — Congresso em Foco, Aug. 4, 2026 · body of the article · open original ↗
Decisions
| Date | Body and case | Sphere | Outcome |
|---|---|---|---|
| Mar. 15, 2019 | STF · Justice Alexandre de Moraes (preliminary injunction) ADPF 568 (relacionadas: ADPF 569 e Rcl 33.667) | Constitutional review | Effects of the Petrobras–MPF-PR agreement and of its approval by the 13th Federal Court suspended; funds and returns frozen, movable only with authorization from the Supreme Federal Court (STF).Sources (1)On March 15, 2019, in ADPF 568 (filed by the PGR; related cases ADPF 569, by PT and PDT, and Rcl 33.667, by the Chamber of Deputies), Alexandre de Moraes suspended the effects of the Agreement on the Assumption of Obligations between Petrobras and prosecutors of the MPF-PR and of the 13th Court decision that approved it, and froze the deposited amounts (US$682.5 million transferred by Petrobras to 'Brazilian authorities' under an agreement with the DOJ), citing the risk of diversion of public money and doubt about the creation of a private foundation to manage them. Judicial or administrative decisionProven in a document Source: Ministro suspende eficácia de acordo firmado entre procuradores da República no Paraná e Petrobras — Supreme Federal Court, Mar. 15, 2019 · body of the news item · open original ↗ |
| Sept. 17, 2019 | STF · Justice Alexandre de Moraes ADPF 568 | Constitutional review | Agreement of September 5, 2019 (PGR, Chamber of Deputies, Union) approved, covering about R$2.6 billion: R$1.6 billion for education, about R$1 billion for the environment; funds to the Treasury; case closed (final and unappealable on October 11, 2019).Sources (3)On September 17, 2019 Moraes approved the agreement signed on September 5, 2019 among the PGR, the Chamber of Deputies, and the Union on the allocation of about R$2.6 billion from Petrobras (R$1.6 billion for education and about R$1 billion for the environment/Legal Amazon), with transfer of the funds to the National Treasury's single account; it set aside the nullities of the earlier agreement (parties without standing; payment was for the Treasury; allocation defined by budget law). Judicial or administrative decisionSeveral independent sources Source: Ministro homologa acordo que destina verba recuperada da Petrobras para educação e meio ambiente — Supreme Federal Court, Sept. 17, 2019 · body of the news item · open original ↗ Migalhas reports R$1.6 billion for education and R$1.06 billion for the Legal Amazon, the dismissal of ADPF 568 and Rcl 33.667, and the declaration of nullity of the agreement that created the 'Lava Jato Foundation'. News reportSingle source Source: Moraes homologa acordo que destina fundo da Lava Jato para educação e Amazônia — Migalhas, Sept. 17, 2019 · body of the article · open original ↗ In a note of January 15, 2021, Moraes's chambers stated that the final decision in ADPF 568 was issued on September 17, 2019, dismissing the case with a ruling on the merits, and became final on October 11, 2019, and that the funds were allocated to education, the environment and, in 2020, partly to fighting Covid-19. Official dataProven in a document Source: Nota do gabinete do ministro Alexandre de Moraes — Supreme Federal Court, Jan. 15, 2021 · body of the note · open original ↗ |
| Mar. 22, 2020 | STF · Justice Alexandre de Moraes ADPF 568 (realocação) | Constitutional review | Reported on March 22, 2020 (date of the decision not stated). R$1.6 billion reallocated to the Ministry of Health to fight Covid-19, at the request of Prosecutor General Augusto Aras.Sources (1)In March 2020, Moraes approved a request from Prosecutor General Augusto Aras and allocated R$1.6 billion of the Petrobras amount (taken from education actions not yet carried out) to the Ministry of Health to fight Covid-19. Judicial or administrative decisionProven in a document Source: Ministro Alexandre de Moraes autoriza destinação de R$ 1,6 bilhão ao Ministério da Saúde, para combate ao coronavírus — Supreme Federal Court, Mar. 22, 2020 · body of the news item · open original ↗ |
| Aug. 4, 2026 | CNJ · Full court (Plenary) PAD contra a juíza Gabriela Hardt (número não informado) | Disciplinary sphere | By majority, a penalty of two years of forced leave (disponibilidade) (proportional pay, according to Agência Brasil; the judge continues to receive a salary, according to Congresso em Foco); dissent for one year (Jaceguara Dantas, Paulo Régis Machado Botelho, Fábio Esteves, and Fachin).Sources (1)On August 4, 2026 the CNJ full court imposed on Gabriela Hardt, by majority, the penalty of disponibilidade (compulsory leave from duty) for two years (proportional pay, according to Agência Brasil; the judge continues to receive a salary, according to Congresso em Foco) in a PAD with Rodrigo Badaró as rapporteur, for having approved in 2019, as a substitute at the 13th Court, an agreement between Petrobras and the MPF that allocated R$2 billion (according to Agência Brasil) or R$2.5 billion (according to Congresso em Foco) to a private foundation run by prosecutors; the rapporteur pointed to 'institutional capture', without corruption or enrichment; the report notes approval in less than 48 hours without hearing the Union. The amount of the agreement with the DOJ was US$682.5 million, according to the STF. Judicial or administrative decisionSeveral independent sources Source: CNJ afasta ex-juíza da Lava Jato por dois anos — Agência Brasil, Aug. 4, 2026 · body of the article · open original ↗ |
“Conviction” and “acquittal” apply only in the sphere indicated: a civil or disciplinary decision is not a criminal conviction.
Cases: ADPF 568 (STF) — allocation of the funds from the Petrobras agreement
Evidence
On March 15, 2019, in ADPF 568 (filed by the PGR; related cases ADPF 569, by PT and PDT, and Rcl 33.667, by the Chamber of Deputies), Alexandre de Moraes suspended the effects of the Agreement on the Assumption of Obligations between Petrobras and prosecutors of the MPF-PR and of the 13th Court decision that approved it, and froze the deposited amounts (US$682.5 million transferred by Petrobras to 'Brazilian authorities' under an agreement with the DOJ), citing the risk of diversion of public money and doubt about the creation of a private foundation to manage them.
Source: Ministro suspende eficácia de acordo firmado entre procuradores da República no Paraná e Petrobras — Supreme Federal Court, Mar. 15, 2019 · body of the news item · open original ↗
Release (primary) · excerpt examined · accessed on Oct. 24, 2026
Limitations: The news item does not state the date of the MPF-Petrobras agreement nor does it name Gabriela Hardt as the approving judge.
The PGR (Raquel Dodge) argued that the first-instance MPF has no powers to manage the funds and that the Federal Court lacked jurisdiction to approve the agreement; the task force said it had already requested suspension of the fund before the PGR's request.
Source: Ministro do Supremo suspende acordo da Lava Jato com os EUA — Agência Brasil, Mar. 15, 2019 · body of the article · open original ↗
News report · excerpt examined · accessed on Oct. 24, 2026
Limitations: The report conveys the task force's position indirectly.
According to Agência Brasil (2019), the fine of about R$2 billion provided that part of it would go to a social-interest foundation to be created by the task force.
Source: Ministro do Supremo suspende acordo da Lava Jato com os EUA — Agência Brasil, Mar. 15, 2019 · body of the article · open original ↗
News report · excerpt examined · accessed on Oct. 24, 2026
Limitations: The sources diverge on the amount: Agência Brasil 2019 mentions about R$2 billion; the 2026 CNJ reports mention R$2 billion (Agência Brasil) and R$2.5 billion (Congresso em Foco); the STF reports US$682.5 million in dollars. The exact amount in reais does not appear in the open sources.
On September 17, 2019 Moraes approved the agreement signed on September 5, 2019 among the PGR, the Chamber of Deputies, and the Union on the allocation of about R$2.6 billion from Petrobras (R$1.6 billion for education and about R$1 billion for the environment/Legal Amazon), with transfer of the funds to the National Treasury's single account; it set aside the nullities of the earlier agreement (parties without standing; payment was for the Treasury; allocation defined by budget law).
Source: Ministro homologa acordo que destina verba recuperada da Petrobras para educação e meio ambiente — Supreme Federal Court, Sept. 17, 2019 · body of the news item · open original ↗
Release (primary) · unavailable · accessed on Oct. 24, 2026
Limitations: The STF page for this news item (idConteudo=423797) returned a 404 in the project's audit; date and amounts are anchored in Migalhas (September 17, 2019) and in the note from Moraes's chambers of January 15, 2021.
Migalhas reports R$1.6 billion for education and R$1.06 billion for the Legal Amazon, the dismissal of ADPF 568 and Rcl 33.667, and the declaration of nullity of the agreement that created the 'Lava Jato Foundation'.
Source: Moraes homologa acordo que destina fundo da Lava Jato para educação e Amazônia — Migalhas, Sept. 17, 2019 · body of the article · open original ↗
News report · excerpt examined · accessed on Oct. 24, 2026
Limitations: The STF news item mentions R$1 billion for the environment; Migalhas, R$1.06 billion; the primary source does not confirm the decimal.
In a note of January 15, 2021, Moraes's chambers stated that the final decision in ADPF 568 was issued on September 17, 2019, dismissing the case with a ruling on the merits, and became final on October 11, 2019, and that the funds were allocated to education, the environment and, in 2020, partly to fighting Covid-19.
Source: Nota do gabinete do ministro Alexandre de Moraes — Supreme Federal Court, Jan. 15, 2021 · body of the note · open original ↗
Official statement (primary) · excerpt examined · accessed on Oct. 24, 2026
In March 2020, Moraes approved a request from Prosecutor General Augusto Aras and allocated R$1.6 billion of the Petrobras amount (taken from education actions not yet carried out) to the Ministry of Health to fight Covid-19.
Source: Ministro Alexandre de Moraes autoriza destinação de R$ 1,6 bilhão ao Ministério da Saúde, para combate ao coronavírus — Supreme Federal Court, Mar. 22, 2020 · body of the news item · open original ↗
Release (primary) · excerpt examined · accessed on Oct. 24, 2026
Limitations: The date is that of the news item (March 22, 2020).
On August 4, 2026 the CNJ full court imposed on Gabriela Hardt, by majority, the penalty of disponibilidade (compulsory leave from duty) for two years (proportional pay, according to Agência Brasil; the judge continues to receive a salary, according to Congresso em Foco) in a PAD with Rodrigo Badaró as rapporteur, for having approved in 2019, as a substitute at the 13th Court, an agreement between Petrobras and the MPF that allocated R$2 billion (according to Agência Brasil) or R$2.5 billion (according to Congresso em Foco) to a private foundation run by prosecutors; the rapporteur pointed to 'institutional capture', without corruption or enrichment; the report notes approval in less than 48 hours without hearing the Union. The amount of the agreement with the DOJ was US$682.5 million, according to the STF.
Source: CNJ afasta ex-juíza da Lava Jato por dois anos — Agência Brasil, Aug. 4, 2026 · body of the article · open original ↗
News report · excerpt examined · accessed on Oct. 24, 2026
Limitations: PAD number and numerical vote count not given; Jaceguara Dantas, Paulo Régis Machado Botelho, Fábio Esteves, and Edson Fachin dissented (one year of disponibilidade), according to Congresso em Foco.
According to the Congresso em Foco report, a report by the National Internal Affairs Office of the Judiciary records that Hardt informally discussed by WhatsApp the approval of the agreement with Sergio Moro and Deltan Dallagnol; both denied the accusations.
Source: CNJ afasta por dois anos a juíza Gabriela Hardt, substituta de Moro — Congresso em Foco, Aug. 4, 2026 · body of the article · open original ↗
News report · excerpt examined · accessed on Oct. 24, 2026
Limitations: We did not locate a literal statement from Moro or Dallagnol; the denial is relayed by the report.
Hardt's defense argued at the CNJ that she understood that the Curitiba MPF and Petrobras had standing to sign the agreement and was not motivated by bias.
Source: CNJ afasta ex-juíza da Lava Jato por dois anos — Agência Brasil, Aug. 4, 2026 · body of the article · open original ↗
News report · excerpt examined · accessed on Oct. 24, 2026
Identifier: ep:fundacao-recursos-petrobras-doj