STF Panel Forms Majority to Reject Moro Appeal, Keeping Him a Defendant in Calumny Case

Overview

• Sitting in the Supreme Court’s 1st Chamber, Cármen Lúcia, Alexandre de Moraes, and Flávio Dino voted to reject Sergio Moro’s clarification appeal, preserving the criminal case opened in 2024.
• Luiz Fux and Cristiano Zanin have yet to vote in the virtual session scheduled to run through October 10, with the proceeding subject to possible pause or highlight requests under court rules.
• Relator Cármen Lúcia wrote that the defense’s embargos de declaração attempt to revisit the merits rather than address omissions or contradictions, and that the PGR’s complaint meets the Criminal Procedure Code’s formal requirements.
• The case stems from a 2022 festa junina video that went viral in 2023, in which Moro says a habeas corpus could be “bought” from Gilmar Mendes, which prosecutors characterize as falsely imputing corruption.
• Moro’s lawyers say the remark was an out‑of‑context joke and note a public apology, while reports highlight that a final conviction with a sentence over four years could cost the senator his mandate.