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Gilmar Mendes Halts STF Virtual Vote on Renato Duque, Sends Case to In-Person Review

A late reversal toward annulling Lava Jato acts exposed a split on the Second Panel, leaving Duque jailed until a new session.

Overview

  • Gilmar Mendes requested destaque, stopping a virtual judgment that was due to conclude Monday night with only Luiz Fux’s vote outstanding.
  • The case will be reheard in person by the Second Panel on a date to be set, restarting deliberations from the beginning.
  • Relator Dias Toffoli switched to back annulling acts and evidence against Duque and revoking his imprisonment, citing due-process violations, while maintaining his plea deal.
  • Kassio Nunes Marques dissented and was joined by André Mendonça, arguing that rulings on Sergio Moro’s partiality do not apply to Duque’s case.
  • Duque remains imprisoned on sentences totaling more than 39 years, and Mendes’s opinion cites illicit use of foreign-sourced data and improper coordination by prosecutors.