Lula da Silva is the only protagonist of this series whose case file has not seen a single new judicial decision in more than three years. The last act came on 18 February 2023. That day, Justice Ricardo Lewandowski closed the Lula Institute and Gripen fighter jet proceedings. Since then, the President of Brazil has had no conviction in force and no open proceedings. Nor is there any known investigation arising from Lava Jato. This piece therefore records that state of rest and puts it in order. What was closed by annulment, what by limitation and what by acquittal. It also explains what could be reopened and why, in practice, nobody tries. The analysis by fronts is in Lula’s case file at Auditoría Abierta.
The short answer. Following the Lula case means recording that there is nothing to follow. Since 18 February 2023 there have been no new judicial decisions. The two convictions, for the triplex and for Atibaia, were annulled in 2021. The triplex became time-barred in 2022. The Lula Institute case was closed in 2023. Zelotes and Cerveró ended in acquittal. However, what remains is a distinction: the three Curitiba cases were closed without any court saying whether the facts occurred. Annulment is not acquittal. What could be reopened, Atibaia and the Lula Institute, nobody has tried to reopen. Moreover, the Lava Jato evidence became unusable after Sergio Moro was declared biased.
Who Lula da Silva is and why his case is still being followed in October 2026
Lula was President of Brazil between 2003 and 2010, spent 580 days in prison over Lava Jato and returned to the presidency in 2023. His judicial case file was closed in three movements: the annulment of 2021, the limitation of 2022 and the closure of 2023.
His case belongs in Case updates as a contrast. The other case files in this section move. This one does not, and that too is a fact. To understand the companies behind each accusation, Bajo Lupa Digital publishes OAS, Odebrecht and Petrobras in the Lula case. To understand the judge who convicted him and today governs Paraná, Bajo Lupa publishes its case file on Sergio Moro.
Timeline of the closures, decision by decision
| Date | Body | Decision | Type of closure |
|---|---|---|---|
| 12 July 2018 | 10th Federal Court of Brasília | Acquits Lula in the Cerveró case; upheld by the TRF-1 on 1 July 2019 | Acquittal for lack of evidence |
| November 2019 | Supreme Federal Court | Changes its case law on imprisonment after a second-instance ruling; Lula is released after 580 days | Release |
| 8 March 2021 | Justice Edson Fachin | Annuls the triplex and Atibaia convictions and the Lula Institute proceedings for lack of jurisdiction | Annulment |
| 23 March 2021 | Second Panel of the Supreme Federal Court | Declares Sergio Moro biased, 3 votes to 2 | Bias |
| 15 April 2021 | Full bench of the Supreme Federal Court | Upholds the annulment, 8 votes to 3 | Final annulment |
| 21 June 2021 | 10th Federal Court of the Federal District | Acquits Lula in Zelotes | Acquittal for lack of evidence |
| 28 January 2022 | Federal Prosecution Service and 12th Federal Court of Brasília | Definitive closure of the triplex case | Time-barred |
| March 2022 | Justice Ricardo Lewandowski | Suspends the Gripen fighter jet proceedings | Suspension |
| 18 February 2023 | Justice Ricardo Lewandowski | Closes the Lula Institute and Gripen proceedings | Definitive closure |
| 8 October 2026 | — | No new decisions in more than three years | At rest |
Closed by annulment: the triplex and Atibaia
On 8 March 2021, Justice Edson Fachin annulled all of Lula’s convictions in a single-judge decision, according to Jovem Pan. He held that the 13th Federal Court of Curitiba had no jurisdiction to try him. The full bench upheld this on 15 April by 8 votes to 3, according to Migalhas. That brought down the Guarujá triplex conviction, of 12 years and 1 month on appeal. It also brought down the Atibaia conviction, of 12 years and 11 months. What it means: the proceedings had to start again in Brasília, before courts with jurisdiction. What happened next: in Atibaia there was no new trial, and the sources consulted record no later decision. It is therefore the only one of the three Curitiba cases without a formal act of closure in Brasília. What to watch: a possible declaration that the case is time-barred, or a closure, which would formalise what is already the case in practice.
Closed as time-barred: the triplex
On 28 January 2022, the Federal Prosecution Service itself asked for the triplex case to be closed as time-barred, according to Migalhas. It noted that the evidence gathered by Lava Jato could no longer be used after the annulment and the declaration of Moro’s bias. The 12th Federal Court of Brasília granted the request. What it means: prosecutors acknowledged that they could not rebuild the case with other evidence. The triplex has no ruling on the merits and can no longer have one. It is, consequently, a definitive closure.
Closed by decision of the Supreme Court: the Lula Institute and Gripen
The Lula Institute proceedings, over 12 million reais from Odebrecht for a plot of land and an apartment, never reached a verdict. The TRF-4 suspended them in December 2020 and the Supreme Federal Court annulled them in March 2021. Afterwards, Justice Ricardo Lewandowski definitively closed the proceedings that remained in Brasília on 18 February 2023, according to Agência Brasil. The same happened with the Zelotes proceedings over the purchase of 36 Gripen fighter jets. They were suspended in March 2022 and closed on the same date. What it means: since that day there has been no pending criminal action against Lula arising from Lava Jato or Zelotes.
Closed by acquittal: Zelotes and Cerveró
Two cases did end with a ruling on the merits. In Operação Zelotes, prosecutors maintained that Lula received 6 million reais for signing a provisional measure with tax incentives for the car industry. On 21 June 2021, the 10th Federal Court of the Federal District acquitted him for lack of evidence, according to Poder360. In the Cerveró case he was accused of trying to buy the silence of former Petrobras director Nestor Cerveró. He was acquitted on 12 July 2018, with the TRF-1 upholding the ruling on 1 July 2019, according to Agência Brasil. What it means: in these two cases there is indeed an acquittal. In the three Curitiba cases, there is not.
Why nobody tries to reopen anything
The answer lies in 23 March 2021. That day, the Second Panel of the Supreme Court declared Sergio Moro biased by 3 votes to 2, according to Agência Brasil. It cited the coercive summons and the leak of Antônio Palocci’s plea agreement in the middle of the 2018 campaign. It also cited the interception of calls between Lula and his lawyers. What it means in practice: the evidence produced under Moro’s direction was tainted. Moreover, the Federal Prosecution Service itself acknowledged this when it asked for the triplex case to be closed. Reopening Atibaia or the Lula Institute would require new evidence. The sources consulted do not record prosecutors looking for it. What to watch: any change at the Prosecutor General’s Office that alters that position.
What to watch in the coming months
- Atibaia. The only Curitiba case without a formal act of closure in Brasília. A declaration that it is time-barred would formalise it.
- The Federal Prosecution Service’s position. If the Prosecutor General changes, the view on the Lava Jato evidence could change too.
- Sergio Moro. The consequences of the bias ruling for other cases he tried, such as that of Sérgio Cabral.
- Nothing else. As of 8 October 2026 there are no hearings, deadlines or appeals pending against Lula.
What Lula says and what his accusers say
Lula maintains that he was the victim of judicial persecution designed to block his 2018 candidacy, and that Moro’s bias proves it. His official website speaks of «23 victories» in court. The Federal Prosecution Service maintained that OAS and Odebrecht paid him benefits in exchange for influence at Petrobras. After the annulment, prosecutors themselves asked for the triplex case to be closed because the evidence was no longer usable. No court has issued a final ruling on the merits of the three Curitiba cases.
How to read this case file
Three keys. First: a case file with no movement is not a resolved case file. The three Curitiba cases were closed for lack of jurisdiction, limitation and a Supreme Court decision, not by a verdict on the facts. Second: Zelotes and Cerveró are acquittals, and they should not be mixed up with the annulments. Third: the declaration of Moro’s bias is the practical reason why nothing is reopened. To compare with a Brazilian politician from the same operation whose convictions remain in force, Foco Rojo publishes the case of Sérgio Cabral in the Whistleblowers and witnesses section.
Frequently asked questions (FAQ)
Is there any judicial news in the Lula case in 2026?
No. The last decision came on 18 February 2023, when Justice Ricardo Lewandowski closed the Lula Institute and Gripen fighter jet proceedings. No new decisions have been recorded since.
Does Lula have any conviction in force?
No. The Guarujá triplex and Atibaia country house convictions were annulled by the Supreme Federal Court on 8 March 2021 for lack of jurisdiction of the Curitiba court. The triplex case was also closed as time-barred in 2022.
Which Lula cases ended in acquittal?
Two. Operação Zelotes, on 21 June 2021, and the Cerveró case, on 12 July 2018, upheld in 2019. Both for lack of evidence. The three Curitiba cases have no acquittal, only annulment.
Can the Atibaia case be reopened?
In theory, yes, because no formal act of closure in Brasília is on record. In practice, prosecutors acknowledged in 2022 that the Lava Jato evidence cannot be used after Moro was declared biased. No attempt to reopen it is on record.
Why was the triplex case closed as time-barred?
Because on 28 January 2022 the Federal Prosecution Service itself asked for it to be closed. It stated that, without the Lava Jato evidence, it could not sustain the accusation before the limitation period ran out. The 12th Federal Court of Brasília granted the request.
What did the Supreme Court decide about Sergio Moro?
That he acted with bias when he convicted Lula in the triplex case. The Second Panel ruled on 23 March 2021, by 3 votes to 2. That decision tainted the evidence produced under his direction.
Is annulment the same as acquittal?
No. Annulment invalidates the proceedings for a procedural defect, such as the court’s lack of jurisdiction. Acquittal declares that there is no evidence or that the facts are not an offence. Lula’s cases were annulled in Curitiba and he was acquitted in Zelotes and Cerveró.
How long was Lula in prison?
580 days, from 7 April 2018 to November 2019, in Curitiba. He was released when the Supreme Court barred the imprisonment of convicted persons with appeals pending. The conviction behind that imprisonment was annulled in 2021.
Sources consulted
- Agência Brasil: Lewandowski encerra três ações contra Lula que estavam suspensas (18 February 2023)
- Migalhas: STF derruba condenações de Lula na Lava Jato (2021)
- Migalhas: MPF vê prescrição e pede arquivamento do caso do triplex (28 January 2022)
- Agência Brasil: Corte Suprema anula condena de Lula en el caso del tríplex (2021)
- Jovem Pan: Relembre quais são os processos do ex-presidente Lula (2021)
- Metrópoles: Do triplex ao sítio de Atibaia, relembre casos de Lula (2021)
- Brasil de Fato: STF julga anulação da parcialidade de Moro (2021)
- Poder360: Por falta de provas, juiz absolve Lula na Operação Zelotes (21 June 2021)
- Consultor Jurídico: Lewandowski suspende ação contra Lula por compra de caças suecos (2022)
- Agência Brasil: Juiz absolve Lula e outros acusados em caso de obstrução de Justiça (2018)
- Metro 1: Absolvição de Lula e Delcídio no caso Cerveró é mantida pelo TRF1 (2019)
- lula.com.br: 23 vitórias, caso a caso (2022; website aligned with Lula, cross-checked against independent press)
This piece records documented facts and allegations attributed to their authors. The mention of an allegation does not imply its truth, and the position of the person named is recorded in each case. Foco Rojo offers Luiz Inácio Lula da Silva space to respond and will update the text with every development. Information verified as of 8 October 2026.
Investigative Journalist and Case File Analyst
Hermes Cortes Salcedo is an investigative journalist specializing in the scrutiny of judicial proceedings, the coverage of regulatory frameworks, and the analysis of the administration of justice in Latin America. His career is distinguished by a firm commitment to institutional oversight, examining legal case files, court rulings, and public records to accurately document the exercise of power.
At Foco Rojo, he is part of the investigative team tasked with untangling legal controversies and high-impact political cases. His journalistic approach prioritizes analytical sobriety, rigorous respect for due process, and the exhaustive cross-referencing of primary sources, providing citizens with a documented perspective free from partisan biases.