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STF Panel Forms Majority to Keep Senator Sérgio Moro a Defendant in Defamation Case

The virtual session remains open until Oct. 10 with two votes pending.

Overview

  • Relator Cármen Lúcia voted to reject Moro’s appeal and was joined by Alexandre de Moraes and Flávio Dino, forming a 3–0 majority in the five-member First Panel.
  • The case stems from a 2022 festa junina video in which Moro suggested a habeas corpus could be bought from Justice Gilmar Mendes, which prosecutors say falsely imputes passive corruption.
  • Cármen Lúcia wrote that the indictment satisfies Article 41 of the Criminal Procedure Code by properly describing the alleged conduct and grounds for accusation.
  • The relator said the defense’s filing sought to reargue the outcome rather than clarify omissions or errors, which is not the purpose of the appeal used.
  • Moro’s lawyers contend the remark was an unfortunate joke taken out of context and that the video was maliciously edited, while a conviction exceeding four years could cost him his Senate mandate.