Overview

• Relator Cármen Lúcia, joined by Alexandre de Moraes and Flávio Dino, voted to reject Sergio Moro’s embargos de declaração and leave in place the 2024 decision accepting the Prosecutor General’s complaint.
• The case is being decided in the First Panel’s virtual docket, where Luiz Fux and Cristiano Zanin still have until 10 October to vote, and the session could be halted by a request for view or highlight.
• The prosecution stems from a 2022 festa junina video in which Moro said a habeas corpus could be “bought” from Minister Gilmar Mendes, which the PGR frames as calúnia imputing passive corruption.
• The PGR seeks conviction with aggravating factors tied to the target being an STF justice and to online dissemination of the remark, while the defense calls it an ill-timed joke and says the video was maliciously edited.
• In rejecting the appeal, Cármen Lúcia emphasized that embargos clarify omissions or contradictions rather than reopen the merits, so the criminal action continues and, if a final sentence exceeded four years, Moro could lose his mandate.