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Supreme Federal Court (STF)

Highest court of the Brazilian Judiciary (eleven justices); has original jurisdiction over authorities with special forum by virtue of office and, in Lava Jato, was rapporteur for inquiries (Teori Zavascki, then Edson Fachin) and annulled convictions (2021–2025).

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  • STF judged Sergio Moro: The STF's Second Panel (2021) and full court (Plenary) (7 to 4, June 23, 2021) declared and upheld Moro's bias (*suspeição*) to judge Lula in the triplex case.
    Sources (2)

    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

    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
  • STF annulled a decision by Eduardo Cunha: On May 29, 2023 the STF annulled the 15-year-and-11-month conviction (2020) on grounds of Electoral Court jurisdiction.
    Sources (1)

    The STF annulled on May 29, 2023 the conviction of 15 years and 11 months, finding that the case should have been handled by the Electoral Court and not by the Federal Court of Curitiba; the case was to be sent to the Electoral Court, which would decide on the conviction and the validity of the evidence.

    Judicial or administrative decisionSingle source
  • STF relationship with Sérgio Cabral: In December 2022 the STF's Second Panel (3 to 2) revoked Cabral's last pretrial detention and sent the case to the Federal Court of Rio.
    Sources (1)

    In December 2022, the STF Second Panel, by 3 votes to 2, revoked Cabral's pretrial detention and sent the case to the Federal Court of Rio; he moved to house arrest with an ankle monitor. In January 2023, the Paraná court replaced house arrest with a nighttime curfew.

    News reportSingle source
  • STF relationship with Alberto Youssef: In August 2015 the STF full court (Plenary) unanimously recognized the validity of the testimony and evidence from Youssef's plea agreement.
    Sources (1)

    The STF (Teori Zavascki) approved Youssef's plea agreement in December 2014 (December 19, 2014 according to the entry on Teori) and, in August 2015, the full court unanimously recognized the validity of the testimony and evidence; the sentences, which totaled 122 years, were reduced to three years because of the cooperation.

    News reportSingle source

Evidence

On February 1, 2024, STF Justice Dias Toffoli suspended payment of the fines under the leniency agreement signed in 2016 by Odebrecht (now Novonor) with the MPF (R$8.5 billion, according to the article) and authorized the company to renegotiate the terms with the PGR, CGU, and AGU, citing reasonable doubt as to the company's voluntariness in signing; Novonor had alleged serious financial difficulties in meeting the obligations and excesses by the task force revealed by Operation Spoofing.

Judicial or administrative decisionSingle source

On April 29, 2020, in MS 37.097 (PDT), Justice Alexandre de Moraes suspended the decree appointing Alexandre Ramagem as PF director-general, pointing to the viability, 'in theory', of misuse of purpose, and cited Moro's public statements and the open inquiry (the express mention of the released messages was not confirmed; text of the decision not opened).

Judicial or administrative decisionSeveral independent sources

On April 27, 2020, Celso de Mello authorized the opening of Inquiry 4831 at the request of Prosecutor General Augusto Aras, to investigate facts reported by Moro; Aras cited, in theory, ideological falsehood, coercion in the course of proceedings, administrative advocacy, malfeasance, obstruction of justice, and passive corruption.

Judicial or administrative decisionProven in a document

On May 22, 2020, Celso de Mello released to any citizen access to the video of the ministerial meeting of April 22, 2020 and to the transcription, with restrictions only on passages that mention two countries with diplomatic relations with Brazil.

Judicial or administrative decisionProven in a document

On July 20, 2021, Alexandre de Moraes extended Inq 4831 by 90 days; the full court was due to resume on September 29 the appeal against the decision that denied Bolsonaro the option of testifying in writing.

Judicial or administrative decisionProven in a document

On October 16, 2025 the STF reported that Moraes granted a PGR request and reopened the investigations in Inq 4831; the PGR, which in September 2022 had asked for closure, said on October 15, 2025 that the case file indicates the need for complementary measures.

Judicial or administrative decisionProven in a document

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

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

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

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

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

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

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

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

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

Complaint 23.457, filed by the President of the Republic through the AGU, alleged usurpation of the STF's jurisdiction because, in the interception authorized by the 13th Court against Lula, conversations with the President of the Republic (an authority with special forum) were captured and the decision to release them at first instance would be flawed by absolute lack of jurisdiction.

AccusationProven in a document

The preliminary injunction was granted on March 22, 2016 and endorsed by the Plenary on March 31, 2016, ordering the suspension and the referral to the STF of the request to break secrecy 5006205-98.2016.4.04.7000/PR and other proceedings.

Judicial or administrative decisionProven in a document

The Prosecutor General of the Republic gave an opinion that the complaint should be dismissed in full, finding that, even if the lifting of secrecy at first instance had been improper, this would not amount to usurpation of the STF's jurisdiction.

StatementProven in a document

On June 13, 2016, Teori Zavascki granted Rcl 23.457 in part: he recognized the violation of the STF's jurisdiction and set aside the 13th Court's decisions of March 16, 2016 (event 135) and March 17, 2016 (event 140) that lifted secrecy over the conversations; he recognized the nullity of the content of the conversations captured after the order to stop the interceptions; and ordered returned to the 13th Court the cases that did not involve authorities with special forum.

Judicial or administrative decisionProven in a document

The STF news item of June 13, 2016 reports that Teori ordered the cases in which Lula is under investigation sent to the first-instance court, set aside the decisions of March 16 and March 17, 2016 and annulled the content of the conversations recorded after the order to stop.

Judicial or administrative decisionSeveral independent sources

In an official letter to the STF, sent on March 29, 2016 at the request of Teori Zavascki, Moro asked the Court for 'respectful apologies' for the decision of March 16, 2016 and stated that it was not his intention to cause such effects.

StatementSeveral independent sources

On April 22, 2024, Cármen Lúcia rejected the appeal by Dallagnol and the ANPR against the STJ decision, stating that any violation of the Constitution would be indirect and that the STJ had already resolved the infraconstitutional questions.

Judicial or administrative decisionSingle source

On June 11, 2024, the STF First Panel, in a virtual session and unanimously (Cristiano Zanin recused), upheld the decision of rapporteur Cármen Lúcia, joined by Flávio Dino, Alexandre de Moraes and Luiz Fux; the rapporteur said the arguments showed 'only nonconformity and resistance'.

Judicial or administrative decisionSingle source

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

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

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

On February 9, 2021, the STF Second Panel, by majority (Lewandowski, rapporteur, Nunes Marques, Cármen Lúcia and Gilmar Mendes; Fachin dissented), declined to admit the appeal by the Lava Jato prosecutors and maintained Lula's access to the Operation Spoofing messages that concern him; the majority said the judgment did not address the validity of the evidence, only access to elements held by the State.

Judicial or administrative decisionProven in a document

On March 23, 2021, the STF Second Panel judged HC 164.493 and declared Sergio Moro biased in the Guarujá triplex criminal case; according to Poder360, by 3 votes to 2.

Judicial or administrative decisionSeveral independent sources

The STF Plenary upheld on June 23, 2021 the Second Panel decision that declared Moro biased in the triplex case; according to the STF, the prevailing view was that the Plenary only reviews panel decisions in the cases provided for in the Internal Rules.

Judicial or administrative decisionProven in a document

In the Plenary, Gilmar Mendes, Nunes Marques, Alexandre de Moraes, Dias Toffoli and Ricardo Lewandowski and Justices Rosa Weber and Cármen Lúcia voted for the thesis that only the Internal Rules authorize the Plenary to review panel decisions; Edson Fachin, Luís Roberto Barroso, Marco Aurélio and Luiz Fux dissented.

Judicial or administrative decisionProven in a document

On March 8, 2021, Justice Edson Fachin granted a habeas corpus (HC 193.726) to declare that the 13th Federal Court of Curitiba lacked jurisdiction in the triplex, Atibaia ranch and Lula Institute cases, annulling the decision-making acts and sending the case files to the Federal Court of the Federal District.

Judicial or administrative decisionSeveral independent sources

Gilmar Mendes's vote in HC 164.493 concludes that the duty of impartiality was violated, declares that the conclusion "is ascertainable from the facts narrated in the original petition" and includes, among the seven facts analyzed, the acceptance of the invitation to be Minister of Justice; the vote also cites Operation Spoofing dialogues "merely for historical record".

Judicial or administrative decisionProven in a document

According to Gilmar Mendes's vote, on February 9, 2021 the STF Second Panel confirmed a decision by Ricardo Lewandowski that gave Lula's defense access to the Operation Spoofing dialogues (Rcl 43.007), without deciding on their use as evidence in criminal cases.

Judicial or administrative decisionProven in a document

According to ConJur, on April 22, 2021 Justice Ricardo Lewandowski cited a PUC-SP study according to which Lava Jato allegedly removed R$142.6 billion from GDP and caused the dismantling of sectors of the economy.

News reportSingle source

The entry records that Lula turned himself in to the PF on April 7, 2018 to serve his sentence and was released on November 8, 2019, after the STF decided that imprisonment after conviction at second instance was unconstitutional, after 580 days in prison.

News reportSingle source

The STF (Teori Zavascki, later confirmed unanimously by the full court) removed Cunha from his seat on May 5, 2016; the Chamber of Deputies revoked his mandate on September 12, 2016 for breach of decorum (450 votes in favor, 10 against, 9 abstentions), for having lied to the Petrobras CPI about foreign accounts.

News reportSingle source

The STF annulled on May 29, 2023 the conviction of 15 years and 11 months, finding that the case should have been handled by the Electoral Court and not by the Federal Court of Curitiba; the case was to be sent to the Electoral Court, which would decide on the conviction and the validity of the evidence.

Judicial or administrative decisionSingle source

According to the entry, Cabral made a cooperation agreement with the PF in December 2019, approved by Edson Fachin on February 6, 2020; in May 2021 the STF annulled the agreement (7 votes to 4).

News reportSingle source

In December 2022, the STF Second Panel, by 3 votes to 2, revoked Cabral's pretrial detention and sent the case to the Federal Court of Rio; he moved to house arrest with an ankle monitor. In January 2023, the Paraná court replaced house arrest with a nighttime curfew.

News reportSingle source

In the Mensalão (Criminal Action 470), the STF convicted Dirceu of active corruption (October 9, 2012) and of criminal conspiracy (October 22, 2012, 6 to 4); on February 27, 2014, in the infringing motions (embargos infringentes), he was acquitted of the crime of criminal conspiracy by 6 to 5. He was arrested on November 15, 2013 and released on October 28, 2014 to serve the rest of the sentence at home.

Judicial or administrative decisionSingle source