Luiz Inácio Lula da Silva · criminal prosecution · public corruption · judicial impartiality · jurisdiction
Were Lula's Car Wash convictions overturned, and was he acquitted?
His convictions were annulled, not overturned on the merits. On 8 March 2021 Justice Edson Fachin of the Supreme Federal Court (STF) ruled that the 13th Federal Court of Curitiba lacked jurisdiction and annulled its decisions in four cases, including the triplex and Atibaia convictions, and the full court confirmed this on 15 April 2021 by 8 votes to 3. The STF also held on 23 June 2021, by 7 votes to 4, that former judge Sergio Moro was biased in the triplex case. The refiled cases did not proceed in Brasília, where a judge found the claims time-barred, so no court has acquitted him or convicted him and no conviction stands as of 30 October 2026.
Last verified 30 October 2026. Brazil
The record at a glance
| What was alleged? | Federal prosecutors in the Car Wash operation charged that Lula received undue advantages from construction companies, including a seaside triplex apartment in Guarujá and renovations to a property in Atibaia, in return for favours. Judge Sergio Moro convicted him of passive corruption and money laundering in the triplex case on 12 July 2017, and Judge Gabriela Hardt convicted him in the Atibaia case on 6 February 2019.1,2 |
|---|---|
| Who made the claim? | Federal Public Prosecutor's Office (Car Wash task force, Curitiba), 12 July 2017 |
| How did Lula respond? | Lula denied the charges throughout and argued that Moro and Hardt were biased and that the evidence was insufficient. After the 2021 annulment he said in a speech in São Bernardo do Campo that he had been the victim of a legal lie.2,3 (the subject's position) |
| Was there an official finding? | The STF annulled the Curitiba court's decisions against Lula in four cases on jurisdictional grounds, and the full court confirmed this on 15 April 2021.5,6 The STF held on 23 June 2021 that Sergio Moro was partial in the triplex case.7 The STF did not analyse the merits of the accusations, according to its press office as quoted by AFP.10 Lula was imprisoned at the Federal Police headquarters in Curitiba from 7 April 2018 until 8 November 2019, when he was released after an STF ruling on imprisonment after second-instance conviction.11 |
| Was liability determined? | No. The case was dismissed. Convictions annulled for lack of jurisdiction and, in the triplex case, for the judge's partiality. The refiled cases ended without trial because of the statute of limitations. This is not an acquittal and not a finding of guilt.5,6,7,8,9 |
| What changed later? | As of 30 October 2026 no Car Wash conviction against Lula stands. The convictions were annulled by the STF in 2021 and the refiled triplex and Atibaia cases ended in 2021 and 2022 on limitation grounds.6,7,8,9 |
| When was this checked? | 30 October 2026 |
What was alleged?
Federal prosecutors in the Car Wash operation charged that Lula received undue advantages from construction companies, including a seaside triplex apartment in Guarujá and renovations to a property in Atibaia, in return for favours. Judge Sergio Moro convicted him of passive corruption and money laundering in the triplex case on 12 July 2017, and Judge Gabriela Hardt convicted him in the Atibaia case on 6 February 2019.1,2
Made by Federal Public Prosecutor's Office (Car Wash task force, Curitiba) on 12 July 2017.
What did Lula say?
Lula denied the charges throughout and argued that Moro and Hardt were biased and that the evidence was insufficient. After the 2021 annulment he said in a speech in São Bernardo do Campo that he had been the victim of a legal lie.2,3
"fui vítima da maior mentira jurídica contada em 500 anos de história"
Luiz Inácio Lula da Silva, speech at the Metalworkers' Union, São Bernardo do Campo (as reported by Diário do Nordeste), 10 March 2021. This is the subject's own account, not a finding.
What do independent records show?
Sentence in the triplex case (as reported by Money Times)
13th Federal Court of Curitiba (Judge Sergio Moro), 12 July 2017
Convicted Lula of passive corruption and money laundering and sentenced him to nine years and six months.1
Appeal judgment in the triplex case (as reported by IstoÉ)
Federal Regional Court of the 4th Region (TRF-4), 8th Panel, 24 January 2018
The three judges upheld the conviction and raised the sentence to 12 years and one month.4
Sentence in the Atibaia case (as reported by Exame)
13th Federal Court of Curitiba (Judge Gabriela Hardt), 6 February 2019
Convicted Lula of passive corruption and money laundering and sentenced him to 12 years and 11 months.2
Decision in Habeas Corpus 193726
Supreme Federal Court (Justice Edson Fachin, rapporteur), 8 March 2021
Declared the Curitiba court incompetent because the alleged conduct was not directly tied to the Petrobras scheme, annulled all its decisions in the triplex, Atibaia and two Instituto Lula cases, including the convictions, and sent the cases to the Federal Court of the Federal District.5
Judgment on the appeals against the decision in HC 193726
Supreme Federal Court, Plenary, 15 April 2021
By 8 votes to 3 the Plenary rejected the Prosecutor General's appeal and upheld the annulment.6
Judgment in HC 164493 and HC 193726
Supreme Federal Court, Plenary, 23 June 2021
By 7 votes to 4 the Plenary upheld the Second Panel's ruling of 23 March 2021 that Moro was partial in the triplex case, so all his decisions in that case remain annulled, including pre-trial acts.7
Decision on the refiled Atibaia complaint (as reported by Gazeta do Povo)
12th Federal Court of Brasília (Judge Pollyanna Kelly Alves), 21 August 2021
Rejected the complaint and declared punishability extinguished for defendants over 70, including Lula, because of the statute of limitations.8
Archiving of the triplex case (as reported by Estado de Minas)
12th Federal Criminal Court of the Federal District (Judge Pollyanna Alves), 27 January 2022
At the prosecution's request the judge archived the triplex case, recognising that the limitation period, halved for defendants over 70, had run.9
What was established?
- The STF annulled the Curitiba court's decisions against Lula in four cases on jurisdictional grounds, and the full court confirmed this on 15 April 2021.5,6
- The STF held on 23 June 2021 that Sergio Moro was partial in the triplex case.7
- The STF did not analyse the merits of the accusations, according to its press office as quoted by AFP.10
- Lula was imprisoned at the Federal Police headquarters in Curitiba from 7 April 2018 until 8 November 2019, when he was released after an STF ruling on imprisonment after second-instance conviction.11
Distinctions that matter here
- An annulment for lack of jurisdiction or judicial bias removes the conviction without deciding guilt or innocence. It is not an acquittal.
- A case ended because the limitation period has run is not a finding that the accused did not commit the acts.
- Lula's political rights were restored because the convictions were voided, not because he was cleared on the merits.
Was liability determined?
No. The case was dismissed. Convictions annulled for lack of jurisdiction and, in the triplex case, for the judge's partiality. The refiled cases ended without trial because of the statute of limitations. This is not an acquittal and not a finding of guilt.5,6,7,8,9
What remains unresolved?
- No court has ruled on the merits of the triplex or Atibaia accusations after the annulment.
- Whether any appeal against the 2021 and 2022 Brasília decisions was later decided was not confirmed in the sources reviewed.
What is the current status?
As of 30 October 2026 no Car Wash conviction against Lula stands. The convictions were annulled by the STF in 2021 and the refiled triplex and Atibaia cases ended in 2021 and 2022 on limitation grounds.6,7,8,9
As of 30 October 2026. No next proceeding is scheduled in the records we found.
Timeline
- Moro convicts Lula in the triplex case.1
- TRF-4 upholds the conviction and increases the sentence to 12 years and one month.4
- Lula begins serving his sentence in Curitiba.11
- Hardt convicts Lula in the Atibaia case.2
- Lula is released after 580 days following an STF ruling.11
- Fachin annuls the Curitiba decisions in HC 193726.5
- STF Second Panel finds Moro partial in the triplex case.7,12
- STF Plenary confirms the annulment by 8 votes to 3.6
- STF Plenary upholds the bias finding by 7 votes to 4.7
- Brasília judge rejects the refiled Atibaia complaint on limitation grounds.8
- Brasília judge archives the triplex case on limitation grounds.9
Sources
- Money Times, Moro condena Lula a 9 anos e seis meses de prisão, 12 July 2017 Independent reporting
- Exame, Lula é condenado a 12 anos e 11 meses de prisão pelo sítio de Atibaia, 6 February 2019 Independent reporting
- Diário do Nordeste, Lula após decisão do STF: fui vítima da maior mentira jurídica contada em 500 anos de história, 10 March 2021 Independent reporting
- IstoÉ, TRF-4 mantém condenação de Lula, mas aumenta pena, 24 January 2018 Independent reporting
- Supremo Tribunal Federal, Fachin anula condenações de Lula e manda ações penais para Justiça Federal do DF, 8 March 2021 · document record Court, legislation, official register or regulator record
- Supremo Tribunal Federal, STF confirma anulação de condenações do ex-presidente Lula na Lava Jato, 15 April 2021 · document record Court, legislation, official register or regulator record
- Supremo Tribunal Federal, STF confirma suspeição de Sergio Moro na ação do triplex do Guarujá, 23 June 2021 · document record Court, legislation, official register or regulator record
- Gazeta do Povo, Juíza de Brasília rejeita denúncia contra Lula por sítio e extingue punição, 22 August 2021 Independent reporting
- Estado de Minas, A pedido do MP, juíza arquiva caso do triplex do Guarujá envolvendo Lula, 28 January 2022 Independent reporting
- Estado de Minas, Decisão de Fachin sobre condenações de Lula não 'inocentou' o ex-presidente (AFP fact check), 10 March 2021 Independent reporting
- Diario de Pernambuco, Após 580 dias, Lula deixa sua cela na Polícia Federal de Curitiba, 8 November 2019 Independent reporting
- Supremo Tribunal Federal, Marcado para 14/4 julgamento de recursos da decisão que anulou condenações de Lula, 25 March 2021 · document record Court, legislation, official register or regulator record
- Metrópoles, Após reviravoltas na Justiça, saiba a quais ações Lula ainda responde, 29 August 2021 Independent reporting
- Dizer o Direito, Entenda a decisão do STF que anulou os processos contra Lula Secondary commentary
Revision history
- 30 October 2026: First published after source verification.
Related: Luiz Inácio Lula da Silva, criminal prosecution, public corruption, judicial impartiality, jurisdiction, Brazil. To submit a document or request a correction, see right of reply.