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Toffoli Switches Vote To Back Annulment Of Renato Duque's Lava Jato Cases And Revocation Of His Arrest

The Second Panel's virtual ballot remains open until November 10 with three justices still to vote.

Overview

  • Justice Gilmar Mendes issued a voto-vista asserting a proven pattern of abusive and illegal procedures in Curitiba cases involving then-judge Sergio Moro and MPF prosecutors.
  • After initially rejecting Duque’s appeal in 2024, Dias Toffoli reanalyzed the case and aligned himself with Mendes’s reasoning.
  • The appeal is being decided in the Supreme Court’s Second Panel via the virtual docket after roughly a year on hold.
  • Duque has been in custody since August 2024 on corruption, criminal association and money laundering convictions exceeding 39 years, including a 29-year sentence issued in April 2025.
  • A final outcome depends on the pending votes of Luiz Fux, Nunes Marques and André Mendonça, and only if a majority forms for annulment would trial acts be voided and the arrest revoked.