Moro's bias ruling in the triplex case (HC 164.493)

Sergio Moro · Lula · Gilmar Mendes · Edson Fachin · Ricardo Lewandowski · Cármen Lúcia · Nunes Marques

Lula's defense asked the STF, by habeas corpus, to declare Moro biased (partial) to try the triplex case. The trial in the Second Panel began in 2018 and was concluded on March 23, 2021, when Cármen Lúcia changed her vote and formed a 3-to-2 majority for the bias ruling. On March 8, 2021, Fachin had declared the HC moot upon recognizing the lack of jurisdiction of Curitiba; the full court (Plenary), on June 23, 2021, upheld the Panel's decision by 7 to 4. On June 24, 2021, Gilmar Mendes extended the bias ruling to two more criminal cases. The bias was recognized in a habeas corpus, and not in a conviction or an acquittal on the merits; the dissenting votes questioned the procedural route and the lawfulness of the conversations used.

Status as of October 24, 2026: The declaration of Moro's bias has been upheld by the STF full court since June 23, 2021 and was extended to Atibaia and the Instituto Lula. The triplex and Atibaia cases were closed or had the indictment rejected in the Federal Court of the DF (see Lack of jurisdiction of the 13th Federal Court of Curitiba in Lula's cases (HC 193.726)). In the sources consulted, we did not locate a later decision reversing the bias ruling. In open sources, we did not locate Moro's public statement on the decision.

Sources (2)

The STF Plenary upheld, by 7 votes to 4, on June 23, 2021, the Second Panel's finding that Moro was biased and the annulment of his decisions in the triplex case, in judging the second internal appeal (agravo regimental) by Lula's defense against Fachin's decision in HC 193.726.

Judicial or administrative decisionProven in a document

Source: STF confirma suspeição de Sergio Moro na ação do triplex do Guarujá — Supreme Federal Court, June 23, 2021 · body of the news item · open original ↗

Gilmar Mendes extended the finding that Moro was biased to the criminal cases on the Atibaia ranch and the Lula Institute properties, on grounds of factual and legal identity, equality and legal certainty (art. 580 of the CPP), mentioning among the common facts the forced appearance for questioning, the interceptions and the lifting of secrecy over Antonio Palocci's plea agreement during the 2018 campaign.

Judicial or administrative decisionProven in a document

Source: Ministro Gilmar Mendes estende suspeição de Moro em relação a Lula a mais duas ações penais — Supreme Federal Court, June 24, 2021 · body of the news item · open original ↗

Accusation: Lula: Lula's defense argued that Moro acted with bias in handling the triplex case and, among other arguments cited by the STF, that his acceptance of Jair Bolsonaro's invitation to the Ministry of Justice indicated political motivation.
Sources (1)
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.
AccusationProven in a document
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 ↗
Response: Nunes Marques: In a dissenting vote in the Second Panel, Nunes Marques argued that the bias should be discussed in a bias challenge, with evidence and adversarial proceedings, and that the released conversations between Moro and the task force were unlawfully obtained.
Sources (1)
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.
Judicial or administrative decisionProven in a document
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 ↗
Luiz Fux: In the full court, Fux and Marco Aurélio, in dissent, stated that the Panel could not rule on the bias after the rapporteur had closed the HC and that the evidence used was unlawful. — verbatim quote
Sources (1)
Marco Aurélio and Luiz Fux, outvoted, stated that the bias ruling was based on unlawful evidence; Fux said the recordings of conversations between Moro and prosecutors were obtained by unlawful means.
StatementProven in a document
Source: STF confirma suspeição de Sergio Moro na ação do triplex do Guarujá — Supreme Federal Court, June 23, 2021 · section on votes · open original ↗

Decisions

Date	Body and case	Sphere	Outcome
Mar. 8, 2021	STF · Justice rapporteur (single-justice decision) HC 164.493 / HC 193.726	Procedural decision	Fachin declared the 13th Court of Curitiba lacked jurisdiction and found HC 164.493 (bias) moot; the defense appealed. Sources (1) On March 8, 2021, in declaring that the 13th Federal Court of Curitiba lacked jurisdiction, Edson Fachin declared several of Lula's habeas corpus petitions moot, among them HC 164.493 on Moro's bias; the defense appealed and the matter was decided by the Plenary. News reportSeveral independent sources Source: STF derruba condenações de Lula na Lava Jato — Migalhas, Apr. 15, 2021 · body of the article · open original ↗
Mar. 23, 2021	STF · Second Panel HC 164.493	Procedural decision	By majority (3 to 2: Gilmar Mendes, Lewandowski and Cármen Lúcia in favor; Fachin and Nunes Marques against), Moro was declared biased; all of his decisions in the triplex case were annulled, including pre-trial acts. It is not a conviction or an acquittal on the merits. Sources (3) 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. Judicial or administrative decisionProven in a document 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 ↗ Conjur reports a majority of three votes (Cármen Lúcia, Gilmar Mendes and Ricardo Lewandowski) against two (Edson Fachin and Nunes Marques) in the Second Panel, with Cármen Lúcia's deciding vote on March 23, 2021 and publication of the ruling on June 4, 2021. News reportSeveral independent sources Source: STF publica acórdão da 2ª Turma sobre suspeição de Moro — Consultor Jurídico, June 4, 2021 · body of the article · open original ↗ 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. Judicial or administrative decisionProven in a document 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 ↗
June 23, 2021	STF · Full court (Plenary) HC 193.726 (2º agravo regimental da defesa de Lula)	Procedural decision	By 7 votes to 4, the Second Panel's decision was upheld; Fachin, Barroso, Marco Aurélio and Fux dissented. The annulment of Moro's decisions in the triplex case was upheld. Sources (2) The STF Plenary upheld, by 7 votes to 4, on June 23, 2021, the Second Panel's finding that Moro was biased and the annulment of his decisions in the triplex case, in judging the second internal appeal (agravo regimental) by Lula's defense against Fachin's decision in HC 193.726. Judicial or administrative decisionProven in a document Source: STF confirma suspeição de Sergio Moro na ação do triplex do Guarujá — Supreme Federal Court, June 23, 2021 · body of the news item · open original ↗ In the Plenary, Gilmar Mendes, Nunes Marques, Alexandre de Moraes, Dias Toffoli, Ricardo Lewandowski, Rosa Weber and Cármen Lúcia voted to uphold; Edson Fachin, Luís Roberto Barroso, Marco Aurélio and Luiz Fux dissented, arguing that the Panel could not rule on bias after the rapporteur had closed the HC. Judicial or administrative decisionProven in a document Source: STF confirma suspeição de Sergio Moro na ação do triplex do Guarujá — Supreme Federal Court, June 23, 2021 · section on votes · open original ↗
June 24, 2021	STF · Justice Gilmar Mendes HC 164.493 (extensão)	Procedural decision	Bias ruling extended to the criminal cases on the Atibaia farm and the Instituto Lula properties (date of the news report). Sources (1) Gilmar Mendes extended the finding that Moro was biased to the criminal cases on the Atibaia ranch and the Lula Institute properties, on grounds of factual and legal identity, equality and legal certainty (art. 580 of the CPP), mentioning among the common facts the forced appearance for questioning, the interceptions and the lifting of secrecy over Antonio Palocci's plea agreement during the 2018 campaign. Judicial or administrative decisionProven in a document Source: Ministro Gilmar Mendes estende suspeição de Moro em relação a Lula a mais duas ações penais — Supreme Federal Court, June 24, 2021 · body of the news item · open original ↗

“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, Habeas Corpus 193.726 (STF) — lack of jurisdiction of the 13th Court

Quotes

Essa prova foi obtida por meio ilícito e violou a Constituição Federal

Portal translation: This evidence was obtained by illicit means and violated the Federal Constitution

Luiz Fux · June 23, 2021 · Sentence · Supreme Federal Court (STF) — full court (Plenary) (second appeal in HC 193.726 / HC 164.493)

Context, original and sources →

Evidence

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.

Judicial or administrative decisionProven in a document

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.

Conjur reports a majority of three votes (Cármen Lúcia, Gilmar Mendes and Ricardo Lewandowski) against two (Edson Fachin and Nunes Marques) in the Second Panel, with Cármen Lúcia's deciding vote on March 23, 2021 and publication of the ruling on June 4, 2021.

News reportSeveral independent sources

Source: STF publica acórdão da 2ª Turma sobre suspeição de Moro — Consultor Jurídico, June 4, 2021 · body of the article · open original ↗

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

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.

Judicial or administrative decisionProven in a document

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.

AccusationProven in a document

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.

Conjur lists, among the grounds of the majority: the 'spectacularized' forced appearance of Lula for questioning, interceptions considered illegal and hasty, the release of the conversations, the maintenance of the arrest after a habeas corpus, and the content of the conviction.

News reportSingle source

Source: STF publica acórdão da 2ª Turma sobre suspeição de Moro — Consultor Jurídico, June 4, 2021 · body of the article · open original ↗

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

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.

Judicial or administrative decisionProven in a document

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

On March 8, 2021, in declaring that the 13th Federal Court of Curitiba lacked jurisdiction, Edson Fachin declared several of Lula's habeas corpus petitions moot, among them HC 164.493 on Moro's bias; the defense appealed and the matter was decided by the Plenary.

News reportSeveral independent sources

Source: STF derruba condenações de Lula na Lava Jato — Migalhas, Apr. 15, 2021 · body of the article · open original ↗

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

Judicial or administrative decisionProven in a document

Source: STF confirma suspeição de Sergio Moro na ação do triplex do Guarujá — Supreme Federal Court, June 23, 2021 · body of the news item · open original ↗

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

In the Plenary, Gilmar Mendes, Nunes Marques, Alexandre de Moraes, Dias Toffoli, Ricardo Lewandowski, Rosa Weber and Cármen Lúcia voted to uphold; Edson Fachin, Luís Roberto Barroso, Marco Aurélio and Luiz Fux dissented, arguing that the Panel could not rule on bias after the rapporteur had closed the HC.

Judicial or administrative decisionProven in a document

Source: STF confirma suspeição de Sergio Moro na ação do triplex do Guarujá — Supreme Federal Court, June 23, 2021 · section on votes · open original ↗

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

Marco Aurélio and Luiz Fux, outvoted, stated that the bias ruling was based on unlawful evidence; Fux said the recordings of conversations between Moro and prosecutors were obtained by unlawful means.

StatementProven in a document

Source: STF confirma suspeição de Sergio Moro na ação do triplex do Guarujá — Supreme Federal Court, June 23, 2021 · section on votes · open original ↗

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

Conjur reports that the Plenary formed a majority for upholding the bias ruling on April 22, 2021, with the judgment suspended by a request for review by Marco Aurélio and concluded on June 23, 2021.

News reportSeveral independent sources

Source: Moro é suspeito para julgar Lula, decide STF por 7 votos a 4 — Consultor Jurídico, June 23, 2021 · body of the article · open original ↗

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

Judicial or administrative decisionProven in a document

Source: Ministro Gilmar Mendes estende suspeição de Moro em relação a Lula a mais duas ações penais — Supreme Federal Court, June 24, 2021 · 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 (June 24, 2021); the news item does not state the number of the extension request.

Identifier: ep:suspeicao-moro-hc-164493