Leniency agreements and informal international cooperation

Deltan Dallagnol · Sergio Moro · Ricardo Lewandowski · Dias Toffoli · Lula

Messages presented by Lula's defense to the Supreme Federal Court (STF) (Rcl 43.007) suggest, according to the defense, that the task force worked with the FBI and the Swiss prosecutors outside official international cooperation channels. On February 17, 2021 Lewandowski asked the Ministry of Justice for information. On September 6, 2023 Toffoli annulled the evidence obtained from Odebrecht's leniency agreement and its bribery systems, deeming it unusable. The main gap in this entry is the formal response from the task force and the Federal Public Prosecutor's Office (MPF), which was not located.

Status as of October 24, 2026: Toffoli's decision of September 6, 2023 is the latest one located; we did not verify whether it was confirmed or reviewed by the full court (Plenary), nor the response of the MPF/PGR. We also did not find an open document that proves or disproves the informal cooperation; what exists are messages attributed to prosecutors and the position of Lula's defense. Pending items for follow-up: the Ministry of Justice's response to Rcl 43.007, statements by the PGR and the MPF, the Second Panel's 2021 ruling on leniency.

Sources (2)

On September 6, 2023 Dias Toffoli annulled all evidence obtained through Odebrecht's leniency agreement and the company's bribery systems, considering it unusable in criminal, electoral, and administrative improbity proceedings.

Judicial or administrative decisionSingle source

Source: Lewandowski diz que decisão de Toffoli confirmou visão da Segunda Turma do STF sobre acordos da Odebrecht — CNN Brasil, Sept. 6, 2023 · body of the article · open original ↗

On February 17, 2021, in Rcl 43.007, Ricardo Lewandowski gave the Ministry of Justice five days to report whether it had carried out or brokered international dealings of Lava Jato concerning Petrobras or Odebrecht (repatriation, fines, compensation, expert examinations, leniency, data exchange) between January 1, 2014 and December 31, 2020.

Judicial or administrative decisionProven in a document

Source: Lewandowski pede informações ao Ministério da Justiça sobre cooperação internacional na Lava Jato — Supreme Federal Court, Feb. 17, 2021 · body of the news item · open original ↗

Accusation: Lula: Lula's defense argued, with messages among prosecutors, that Lava Jato worked with the FBI and the Swiss prosecutors outside official channels, and that the material was concealed from the defense and the Supreme Federal Court (STF).
Sources (1)
Lula's defense argued, with messages among prosecutors, that Lava Jato acted with the support of foreign agencies (FBI, Swiss Public Prosecutor's Office) outside official channels, asked the US for help in the 'Odebrecht case', and obtained outside official channels information to break the tax secrecy of Lula's relatives; it also stated that the material had been concealed.
AccusationProven in a document
Source: Lewandowski pede informações ao Ministério da Justiça sobre cooperação internacional na Lava Jato — Supreme Federal Court, Feb. 17, 2021 · section on grounds · open original ↗
Response: Sergio Moro: Moro stated, according to CNN Brasil (September 6, 2023), that Lava Jato acted within the law.
Sources (1)
In the same report, Sergio Moro stated that Lava Jato acted within the law.
StatementSingle source
Source: Lewandowski diz que decisão de Toffoli confirmou visão da Segunda Turma do STF sobre acordos da Odebrecht — CNN Brasil, Sept. 6, 2023 · body of the article · open original ↗

Decisions

Date	Body and case	Sphere	Outcome
Feb. 17, 2021	STF · Justice Ricardo Lewandowski Rcl 43.007	Procedural decision	Ministry of Justice ordered to report within five days any international dealings by Lava Jato (2014–2020). Ministry's response not located. Sources (1) On February 17, 2021, in Rcl 43.007, Ricardo Lewandowski gave the Ministry of Justice five days to report whether it had carried out or brokered international dealings of Lava Jato concerning Petrobras or Odebrecht (repatriation, fines, compensation, expert examinations, leniency, data exchange) between January 1, 2014 and December 31, 2020. Judicial or administrative decisionProven in a document Source: Lewandowski pede informações ao Ministério da Justiça sobre cooperação internacional na Lava Jato — Supreme Federal Court, Feb. 17, 2021 · body of the news item · open original ↗
Sept. 6, 2023	STF · Justice Dias Toffoli (single-justice decision) Número não informado nas fontes consultadas	Procedural decision	Decision reported on September 6, 2023. Evidence obtained from Odebrecht's leniency agreement and the bribery systems annulled; declared unusable in criminal, electoral, and improbity cases. Sources (1) On September 6, 2023 Dias Toffoli annulled all evidence obtained through Odebrecht's leniency agreement and the company's bribery systems, considering it unusable in criminal, electoral, and administrative improbity proceedings. Judicial or administrative decisionSingle source Source: Lewandowski diz que decisão de Toffoli confirmou visão da Segunda Turma do STF sobre acordos da Odebrecht — CNN Brasil, Sept. 6, 2023 · 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: Claim 43.007 (STF) — access to Operation Spoofing

Evidence

Judicial or administrative decisionProven in a document

Source: Lewandowski pede informações ao Ministério da Justiça sobre cooperação internacional na Lava Jato — Supreme Federal Court, Feb. 17, 2021 · body of the news item · open original ↗

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

Lula's defense argued, with messages among prosecutors, that Lava Jato acted with the support of foreign agencies (FBI, Swiss Public Prosecutor's Office) outside official channels, asked the US for help in the 'Odebrecht case', and obtained outside official channels information to break the tax secrecy of Lula's relatives; it also stated that the material had been concealed.

AccusationProven in a document

Source: Lewandowski pede informações ao Ministério da Justiça sobre cooperação internacional na Lava Jato — Supreme Federal Court, Feb. 17, 2021 · section on grounds · open original ↗

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

Limitations: Defense allegations as described in the STF news item; we did not examine the messages or the petition.

Judicial or administrative decisionSingle source

Source: Lewandowski diz que decisão de Toffoli confirmou visão da Segunda Turma do STF sobre acordos da Odebrecht — CNN Brasil, Sept. 6, 2023 · body of the article · open original ↗

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

Limitations: The report gives neither the case number, the full text of the decision, nor a statement from the MPF/PGR.

Lewandowski, then a former justice, stated that Toffoli's decision confirmed the Second Panel's understanding about flaws in the collection of evidence, especially in the chain of custody.

StatementSingle source

Source: Lewandowski diz que decisão de Toffoli confirmou visão da Segunda Turma do STF sobre acordos da Odebrecht — CNN Brasil, Sept. 6, 2023 · body of the article · open original ↗

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

In the same report, Sergio Moro stated that Lava Jato acted within the law.

StatementSingle source

Source: Lewandowski diz que decisão de Toffoli confirmou visão da Segunda Turma do STF sobre acordos da Odebrecht — CNN Brasil, Sept. 6, 2023 · body of the article · open original ↗

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

Limitations: Paraphrase from the report; literal statement not located.

Identifier: ep:leniencia-cooperacao-internacional