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Gilmar Mendes, ministro e então presidente do STF, em sessão plenária (novembro de 2009)
Photo: Fabio Rodrigues Pozzebom/ABr · CC BY 3.0 br

Gilmar Mendes

Gilmar Ferreira Mendes

Justice of the STF since 2002.

Being in this archive does not mean having committed any wrongdoing. Procedural status: see each case and episode, with date.

Positions and roles

  • Justice of the STF · STF (2002-06-20–)
    Sources (1)

    Gilmar Mendes has been an STF justice since June 20, 2002, was STF president from April 23, 2008 to April 23, 2010, TSE president from May 12, 2016 to February 6, 2018 (and in 2006), Attorney General of the Union from January 31, 2000 to June 20, 2002 and federal prosecutor from 1985 to 1988.

    News reportSingle source
  • President of the STF · STF (2008-04-23–2010-04-23)
    Sources (1)

    Gilmar Mendes has been an STF justice since June 20, 2002, was STF president from April 23, 2008 to April 23, 2010, TSE president from May 12, 2016 to February 6, 2018 (and in 2006), Attorney General of the Union from January 31, 2000 to June 20, 2002 and federal prosecutor from 1985 to 1988.

    News reportSingle source
  • Attorney General · AGU (2000-01-31–2002-06-20)
    Sources (1)

    Gilmar Mendes has been an STF justice since June 20, 2002, was STF president from April 23, 2008 to April 23, 2010, TSE president from May 12, 2016 to February 6, 2018 (and in 2006), Attorney General of the Union from January 31, 2000 to June 20, 2002 and federal prosecutor from 1985 to 1988.

    News reportSingle source
  • President of the TSE · TSE (2016-05-12–2018-02-06)
    Sources (1)

    Gilmar Mendes has been an STF justice since June 20, 2002, was STF president from April 23, 2008 to April 23, 2010, TSE president from May 12, 2016 to February 6, 2018 (and in 2006), Attorney General of the Union from January 31, 2000 to June 20, 2002 and federal prosecutor from 1985 to 1988.

    News reportSingle source

Episodes

Statements (4)

O Tribunal de Curitiba é conhecido mundialmente como um tribunal de exceção. Enche-nos de vergonha

Portal translation: The Curitiba Court is known worldwide as a court of exception. It fills us with shame

Gilmar Mendes · March 23, 2021 · Vote · Second Panel of the Supreme Federal Court (STF) (HC 164.493)

Context, original and sources →
O exame conglobante de tudo o que foi até aqui narrado estreita a inevitável compreensão de que houve de fato a violação do dever de imparcialidade do magistrado.

Portal translation: The comprehensive examination of everything narrated so far leads to the inevitable understanding that there was indeed a violation of the magistrate's duty of impartiality.

Gilmar Mendes · March 9, 2021 · Vote · Vote in HC 164.493/DF (Second Panel of the Supreme Federal Court (STF))

Context, original and sources →
reitero que a conclusão sobre a parcialidade do julgador é aferível a partir dos fatos narrados na impetração original, de modo a se afastar quaisquer eventuais discussões sobre o tema da possibilidade de utilização da prova potencialmente ilícita pela defesa.

Portal translation: I reiterate that the conclusion about the judge's partiality can be ascertained from the facts narrated in the original petition, so as to rule out any possible discussions on the possibility of the defense using potentially illicit evidence.

Gilmar Mendes · March 9, 2021 · Vote · Vote in HC 164.493/DF (Second Panel of the Supreme Federal Court (STF))

Context, original and sources →
Depois, fui eu quem, diante da clara ilegalidade e desvio de finalidade, suspendeu a posse de Luiz Inácio Lula da Silva como Ministro indicado por Dilma Rousseff em meio à deflagração de fase da Operação Lava Jato (MS 34.070 MC, DJe 28.3.2016), afirmando que tal ato […]

Portal translation: Later, it was I who, given the clear illegality and misuse of purpose, suspended the swearing-in of Luiz Inácio Lula da Silva as Minister appointed by Dilma Rousseff amid the launch of a phase of Operation Lava Jato (MS 34.070 MC, DJe 3/28/2016), stating that this act […]

Gilmar Mendes · March 9, 2021 · Vote · Vote in HC 164.493/DF (Second Panel of the Supreme Federal Court (STF))

Context, original and sources →

Documented links

  • Gilmar Mendes annulled a decision by José Dirceu: On October 28, 2024 he annulled all of Moro's convictions against José Dirceu in Lava Jato (Folha report of October 29, 2024, not opened).
    Sources (1)

    On October 28, 2024, Justice Gilmar Mendes annulled all of Moro's convictions of Dirceu in Lava Jato; at the end of 2024 the STJ reportedly closed the remaining cases from the operation against him.

    Judicial or administrative decisionSingle source
  • Gilmar Mendes annulled a decision by Lula: His vote, which prevailed in the Second Panel (March 23, 2021), recognized Moro's bias (*suspeição*) and annulled the triplex decisions; he later extended the bias finding to Atibaia and Instituto Lula.
    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

    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

See on the map

Evidence mentioning Gilmar Mendes

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

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

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

In the decision extending the bias ruling to Atibaia and the Lula Institute, Gilmar Mendes included the lifting of secrecy over Antonio Palocci's plea agreement during the 2018 campaign among the acts he pointed to as part of a 'scenario' of biased conduct by Moro.

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

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

On October 28, 2024, Justice Gilmar Mendes annulled all of Moro's convictions of Dirceu in Lava Jato; at the end of 2024 the STJ reportedly closed the remaining cases from the operation against him.

Judicial or administrative decisionSingle source

Gilmar Mendes has been an STF justice since June 20, 2002, was STF president from April 23, 2008 to April 23, 2010, TSE president from May 12, 2016 to February 6, 2018 (and in 2006), Attorney General of the Union from January 31, 2000 to June 20, 2002 and federal prosecutor from 1985 to 1988.

News reportSingle source