Lula da Silva: OAS, Odebrecht, Petrobras, and the companies behind three cases that were ultimately dismissed without acquittal

Luiz Inácio Lula da Silva served as president of Brazil from 2003 to 2010 and returned to office in 2023. He was the most high-profile politician indicted in Operation Car Wash. His case is best understood through the companies behind each charge: OAS, the construction firm behind the Guarujá triplex; Odebrecht, the firm responsible for the renovations in Atibaia and the land for the Lula Institute; Petrobras, the state-owned oil company whose contracts were allegedly at the root of it all. This article traces the case from that corporate perspective. As of October 8, 2026, Lula has no active convictions. The two convictions he received were overturned by the Federal Supreme Court in 2021. The third case was dismissed without a verdict, and the triplex case was dismissed due to the statute of limitations in 2022. Dismissal is not acquittal, and this distinction runs throughout the text. The analysis by category is available in Lula’s file on Auditoría Abierta.

The short answer. Three companies were at the center of Lula’s three cases in Curitiba: OAS, for the Guarujá triplex; Odebrecht and OAS, for the renovations at the Atibaia estate; and Odebrecht, for the land where the Lula Institute is located. The two convictions he received—12 years and 1 month, and 12 years and 11 months—were overturned by the Federal Supreme Court on March 8, 2021. The 13th District Court of Curitiba lacked jurisdiction. On March 23, the same court ruled that Judge Sergio Moro had shown bias. The triplex case was dismissed due to the statute of limitations in 2022. Lula spent 580 days in prison. Today, he has no active conviction, but neither does he have an acquittal on the merits of those three cases.

Who is Lula da Silva, and why does his case matter in October 2026?

First and foremost, Lula was a labor union leader, founder of the Workers’ Party, and served two terms as president. The Lava Jato investigation began targeting him in 2016. He lost the 2018 presidential race due to the Clean Record Law—which he himself had signed into law in 2010—and returned to the presidency in 2023.

His case is relevant to this series because it is the clearest example of the difference between overturning a conviction and acquitting someone. In the Odebrecht cases in Peru and Colombia, the companies paid bribes that were proven in court rulings. Here, the charges against Lula never resulted in a final judgment on the merits of the case. The courts ruled on who could try him and how, not on whether the events actually occurred. *Bajo Lupa* examines the judge who convicted him in Sergio Moro’s case file.

Timeline of the Lula Case, Decision by Decision

DateCourtDecisionLevel of Review
March 16, 2016President Dilma RousseffAppoints Lula as Chief of Staff; Moro Releases a Wiretapped CallVerified
March 18, 2016Justice Gilmar Mendes, Supreme Federal CourtSuspends the inauguration; returns the cases to MoroFinal
July 2017Judge Sergio Moro9 years and 6 months for the Guarujá triplex (OAS)Overturned
January 2018TRF-4Increases the sentence to 12 years and 1 monthOverturned
April 7, 2018Federal PoliceLula is taken to prison in CuritibaProven
July 12, 201810th Federal Court of BrasíliaLula Acquitted in the Cerveró Case Due to Lack of EvidenceFinal (TRF-1, 2019)
February 2019Judge Gabriela Hardt12 years and 11 months for the Atibaia site (Odebrecht and OAS)Overturned
November 2019Supreme Federal CourtCase law on imprisonment during the appeals process changes; Lula is released after 580 daysFinal
December 2020TRF-4Suspends the Lula Institute caseOverturned later
March 8, 2021Justice Edson Fachin, STFOverturns all convictions due to lack of jurisdiction of the 13th District Court of CuritibaConfirmed
March 23, 20212nd Panel of the STFDeclares Sergio Moro to have a conflict of interest, 3 votes to 2Final
April 15, 2021Full Panel of the STFUpholds the annulment, 8 votes to 3Final
June 21, 202110th Federal Court of the Federal DistrictAcquits Lula in the “Zelotes” case due to lack of evidenceFinal
January 28, 2022Federal Public Prosecutor’s Office and 12th Federal Court of BrasíliaTriplex case definitively dismissed due to statute of limitationsFinal
February 18, 2023Justice Ricardo LewandowskiCloses the cases involving the Lula Institute and the Gripen fighter jetsSigned
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OAS: The Guarujá Triplex

OAS is the first company named in the case. According to the Federal Public Prosecutor’s Office, the construction company reserved and renovated a triplex apartment in Guarujá for Lula, valued at 2.2 million reais, in exchange for his influence on contracts with Petrobras. Judge Sergio Moro sentenced him in July 2017 to 9 years and 6 months. Later, the TRF-4 increased the sentence to 12 years and 1 month on appeal, according to Diario de Cuyo. That confirmation triggered his imprisonment. Thus, on April 5, 2018, Moro gave him until the following day to turn himself in.

The Supreme Court overturned the conviction in March 2021. Subsequently, on January 28, 2022, the Federal Public Prosecutor’s Office itself requested that the case be dismissed due to the statute of limitations. It noted that the evidence gathered by Operation Car Wash could no longer be used following the annulment and the ruling that Moro had shown bias, according to Migalhas. The 12th Federal Court of Brasília granted the request. No final judgment has been issued regarding the triplex case. To provide a comparison with a Brazilian case from the same operation that did result in final convictions, Bajo Lupa Digital publishes the money trail of Sérgio Cabral.

Odebrecht and OAS: The Atibaia Property

Second, the Atibaia case involved both construction companies. The prosecution alleged that Odebrecht and OAS paid for renovations to a rural property in Atibaia, São Paulo, which was not registered in Lula’s name but which he and his family used, according to Metrópoles. Judge Gabriela Hardt sentenced him in February 2019 to 12 years and 11 months, according to Diario de Cuyo. The Supreme Court overturned the ruling in March 2021 along with the one regarding the triplex. Since then, there has been no new trial.

Odebrecht: The Lula Institute

Third, the case involving the Lula Institute named Odebrecht as the sole company implicated. The indictment referred to 12 million reais for a plot of land intended for the Lula Institute and an apartment in São Bernardo do Campo. It included 4 million reais presented as donations between December 2013 and March 2014, according to Jovem Pan and Metrópoles. Lula was a defendant awaiting sentencing. The TRF-4 suspended the proceedings in December 2020. The Supreme Court overturned the decision in March 2021, and Justice Ricardo Lewandowski definitively closed the cases still pending in Brasília on February 18, 2023, according to Agência Brasil.

Petrobras: The Company Behind It All

Finally, Petrobras was neither the accuser nor the accused in Lula’s cases, but it was the origin of the theory behind the case. Operation Car Wash alleged that construction companies obtained contracts from the state-owned oil company through bribes. Some of that money went to politicians. However, in Lula’s case, the courts never issued a final ruling linking any of his actions to a Petrobras contract. Consequently, this is what sets his case apart from those of other defendants in the operation. In March 2016, when Dilma Rousseff appointed him Chief of Staff, Justice Minister Gilmar Mendes suspended the appointment, arguing that it was an attempt to remove his cases from Curitiba, according to Agência Brasil. The audio recording released by Moro was later ruled inadmissible and could not be used as evidence.

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2021: The Overturning and Partiality

On March 8, 2021, Justice Edson Fachin overturned all of Lula’s convictions in a unilateral decision. He ruled that the 13th Federal Court of Curitiba lacked jurisdiction to try him, according to Jovem Pan. The decision restored his political rights. Then, on April 15, the full Supreme Court upheld the decision by a vote of 8 to 3, according to Migalhas. The basis for the decision was procedural—the court’s jurisdiction—not innocence or guilt.

On March 23, 2021, the 2nd Panel of the Supreme Court ruled by a 3-2 vote that Moro acted with bias when he convicted Lula in the triplex case, according to Agência Brasil. It cited the coercive summons to testify, the leak of Antônio Palocci’s plea agreement in the middle of the 2018 campaign, and the wiretapping of calls made by Lula, his family members, and his lawyers, according to Brasil de Fato. Furthermore, in 2019, Moro had accepted the position of Minister of Justice under Jair Bolsonaro, who had benefited politically from Lula’s disqualification in 2018.

The Acquittals: Zelotes and Cerveró

Two cases did end in acquittal, and it is important to distinguish them from the annulments. In Operation Zelotes, the prosecution argued that Lula received 6 million reais through lobbyist Mauro Marcondes for signing a provisional measure granting tax incentives to vehicle manufacturers. On June 21, 2021, the 10th Federal Court of the Federal District acquitted him due to lack of evidence, according to Poder360. A second case stemming from Operation Zelotes, involving the purchase of 36 Gripen fighter jets, was suspended by Lewandowski in March 2022 and closed in February 2023.

In the Cerveró case, the Prosecutor’s Office accused Lula, former Senator Delcídio do Amaral, and banker André Esteves, among others, of attempting to buy the silence of former Petrobras director Nestor Cerveró. On July 12, 2018, the 10th Federal Court of Brasília acquitted all defendants due to lack of evidence, according to Agência Brasil. The TRF-1 upheld the acquittal on July 1, 2019.

What Lula Says and What His Accusers Say

Lula maintains that he was the victim of judicial persecution aimed at preventing his 2018 candidacy and that Moro’s bias proves it. His official website refers to “23 judicial victories.” The Federal Public Prosecutor’s Office argued that OAS and Odebrecht paid him bribes in exchange for influence at Petrobras. Following the annulment, the Prosecutor’s Office itself requested that the triplex case be dismissed because the evidence was no longer admissible. No court has issued a final ruling on the merits of the three Curitiba cases.

How to interpret this case

Three key points. First: an annulment is not an acquittal. The three Curitiba cases were dismissed due to lack of jurisdiction, bias, and the statute of limitations—not because a court declared that the events did not occur. Second: the Zelotes and Cerveró cases were indeed acquittals due to lack of evidence. Third: the 580 days in prison were served for a conviction that was later overturned. To compare with another former president in this series whose final conviction remains in effect but cannot be enforced, Bajo Lupa Digital publishes Rafael Correa’s case file.

Frequently Asked Questions (FAQ)

Does Lula da Silva have any outstanding convictions?

No. The two convictions he received—for the Guarujá triplex and the Atibaia property—were overturned by the Federal Supreme Court on March 8, 2021, due to lack of jurisdiction on the part of the Curitiba court. The third case, involving the Lula Institute, was dismissed without a verdict.

What role did OAS play in Lula’s case?

OAS was the construction company accused of reserving and renovating a 2.2 million reais triplex in Guarujá for Lula in exchange for influence over contracts with Petrobras. It also allegedly paid for renovations at the Atibaia estate alongside Odebrecht. None of these allegations have been definitively ruled on.

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What role did Odebrecht play in Lula’s case?

Odebrecht was implicated in two cases. In Atibaia, for paying for renovations alongside OAS. In the Lula Institute case, for 12 million reais for a plot of land and an apartment. The conviction in the first case was overturned; the second case never reached a verdict.

Why were Lula’s convictions overturned?

Because the 13th Federal Court of Curitiba lacked jurisdiction to try him, as ruled by Justice Edson Fachin on March 8, 2021. The full Supreme Court upheld the decision on April 15 by a vote of 8 to 3. It was a procedural decision, not one regarding innocence or guilt.

Is an annulment the same as an acquittal?

No. An annulment invalidates the proceedings due to a procedural defect. An acquittal declares that there is no evidence or that the acts do not constitute a crime. Lula’s convictions were annulled in the three Curitiba cases and he was acquitted in the Zelotes and Cerveró cases.

How long was Lula in prison?

580 days, from April 7, 2018, to November 2019, in Curitiba. He was released when the Supreme Court prohibited the imprisonment of convicted individuals with pending appeals. The conviction that led to his imprisonment was overturned in 2021.

What did the Supreme Court rule regarding Sergio Moro?

That he acted with bias when convicting Lula in the triplex case. The Second Panel ruled on this on March 23, 2021, by a vote of 3 to 2. It cited the coercive questioning, the leak of Palocci’s plea agreement, and the wiretapping of his lawyers’ calls.

What happened to the triplex case after the conviction was overturned?

On January 28, 2022, the Federal Public Prosecutor’s Office itself requested that the case be dismissed due to the statute of limitations. It noted that the evidence from Operation Car Wash could no longer be used. The 12th Federal Court of Brasília ordered the case to be definitively dismissed.

Sources consulted

This article compiles documented facts and allegations attributed to their authors. The mention of an allegation does not imply its veracity, and the position of the person mentioned is stated in each case. Bajo Lupa Digital offers Luiz Inácio Lula da Silva a space to respond and will update the text with any new developments. Information verified as of October 8, 2026.

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