Lack of jurisdiction of the 13th Federal Court of Curitiba in Lula's cases (HC 193.726)

Lula · Edson Fachin · Sergio Moro · Nunes Marques · Alexandre de Moraes

On March 8, 2021, in HC 193.726, Fachin declared that the 13th Federal Court of Curitiba lacked jurisdiction over Lula's criminal cases on the Guarujá triplex, the Atibaia farm, and the Instituto Lula (headquarters and donations), finding that the facts were not directly related to the diversion of funds at Petrobras; he annulled the court's decisions and sent the case files to the Federal Court of the Federal District (DF). The full court (Plenary) confirmed by 8 to 3 and set the DF as the venue on April 22, 2021. In the Federal Court of the DF, the Atibaia farm indictment was rejected on August 21, 2021 and the triplex case was dismissed on January 27, 2022, both with extinction of punishability by statute of limitations for defendants over 70. The annulment for lack of jurisdiction did not examine Lula's guilt or innocence; the cases were closed on statute-of-limitations grounds and for lack of just cause.

Status as of October 24, 2026: In the sources consulted, the triplex and Atibaia criminal cases are closed on statute-of-limitations grounds and for lack of just cause; we did not find an appeal or later decision. We did not find the outcome of the Instituto Lula cases (headquarters and donations), also annulled by the Supreme Federal Court (STF). No conviction in force in these cases in the sources consulted.

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 ↗

Accusation: MPF: The Office of the Prosecutor General (PGR) appealed Fachin's decision, asking the full court (Plenary) to recognize the 13th Federal Court's jurisdiction and preserve the procedural and decision-making acts.
Sources (1)
The PGR appealed, asking the Plenary to recognize the jurisdiction of the 13th Court and preserve its procedural and decision-making acts; Lula's defense asked that the dismissal of related cases occur only after the decision became final, except for HC 164.493.
StatementProven 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 ↗
Response: Nunes Marques: Nunes Marques, joined by Marco Aurélio and Fux, dissented and would have kept the 13th Federal Court's jurisdiction, finding a connection with Lava Jato.
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 ↗

Decisions

Date	Body and case	Sphere	Outcome
Mar. 8, 2021	STF · Justice rapporteur (single-justice decision) HC 193.726	Procedural decision	Lack of jurisdiction of the 13th Federal Court of Curitiba declared for the triplex, Atibaia, and Instituto Lula cases; decisions annulled, including the convictions; case files sent to the Federal Court of the DF. 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	STF · Full court (Plenary) HC 193.726 (agravo regimental da PGR)	Procedural decision	By 8 votes to 3, the lack of jurisdiction and the annulment upheld; dissenters Nunes Marques, Marco Aurélio, and Fux. 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	STF · Full court (Plenary) HC 193.726	Procedural decision	By majority, the Federal Court of the DF set as the competent venue; Moraes and Lewandowski outvoted in part (they preferred São Paulo). 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 ↗
Aug. 21, 2021	Federal Courts of the Federal District · 12th Federal Criminal Court (Judge Pollyana Kelly Alves) Ação penal do sítio de Atibaia (número não informado)	Criminal sphere	Indictment rejected for lack of just cause and punishability extinguished, by statute of limitations, for defendants over 70 (Lula, Emílio Odebrecht, Alexandrino Alencar, Léo Pinheiro). Appeal was possible. Sources (1) 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 ↗
Jan. 27, 2022	Federal Courts of the Federal District · 12th Federal Criminal Court (Judge Pollyana Kelly Alves) Ação penal do triplex (número não informado)	Criminal sphere	Case dismissed and punishability declared extinguished by statute of limitations, at the request of the Federal Public Prosecutor's Office (MPF) (December 2021). Sources (3) 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 ↗ On December 7, 2021, the MPF asked for the triplex case against Lula, Léo Pinheiro and Paulo Okamotto to be closed, due to the statute of limitations (term halved for people over 70) and because there was no basis to file or ratify the indictment after the evidence was annulled. News reportSingle source Source: MPF pede arquivamento de caso do tríplex contra Lula — Poder360, Dec. 7, 2021 · body of the article · open original ↗ Monitor Mercantil records the same closing of January 27, 2022 by statute of limitations, based on Lula's age (76) and the term being halved for people over 70, covering Lula, Léo Pinheiro and Paulo Okamoto. News reportSeveral independent sources Source: Justiça Federal arquiva caso do triplex contra Lula — Monitor Mercantil, Jan. 28, 2022 · 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: Habeas Corpus 193.726 (STF) — lack of jurisdiction of the 13th Court

Evidence

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 ↗