Overview
- On Friday, August 28, 2026, STF Minister Dias Toffoli issued an order declaring the digital records from Odebrecht’s encrypted systems Drousys and My Web Day legally unusable for proceedings conducted outside Brazil because of custody irregularities tied to their handling in Curitiba.
- The ruling says documents derived from Odebrecht’s leniency agreement and the files extracted by the 13th Federal Court of Curitiba show procedural defects that compromise their admissibility in foreign courts.
- Brazil must formally notify Peru through the Ministry of Justice and the Department of Asset Recovery and International Cooperation (DRACI) before the decision can be invoked in Peruvian proceedings.
- The order does not automatically overturn Alejandro Toledo’s 20‑year‑plus sentence; Toledo remains detained and his defense can introduce the STF decision in pending appeals, with Peruvian appellate judges having final say on probative value under local law.
- The STF applied exclusion principles already used in other Lava Jato rulings, a precedent that could limit cross‑border use of Odebrecht materials and change how Latin American courts rely on evidence gathered in Curitiba.