US Secretary of State Marco Rubio stated during a hearing in the US Congress that there is a strong possibility that the future Donald Trump administration will impose sanctions against the Supreme Court Justice Alexandre de Moraes. The measure would be based on the Magnitsky Act, which authorizes the US government to punish foreigners involved in corruption or serious human rights violations. Created in 2012 and expanded in 2016, the Magnitsky Act allows sanctions to be imposed unilaterally, without the need for a formal judicial process. Based on reports from international organizations, press reports or testimonies, the US Executive can block assets, freeze bank accounts and prevent individuals from accessing the US financial system. In addition, the law allows the sanctioned individual to be banned from entering the country. This legislation was instituted in response to the death of Sergei Magnitsky, a Russian lawyer who exposed a corruption scheme involving tax authorities in his country and ended up dying in prison. Since then, the law has been used to punish those responsible for serious violations in various parts of the world.
In the case of Alexandre de Moraes, the offensive gained momentum after Eduardo Bolsonaro's trip to the United States. During his visit, the congressman sought support from Republican lawmakers to pressure the Brazilian Judiciary, defending the application of the Magnitsky Act as a form of retaliation for the minister's decisions.
The proposal received support from figures linked to the conservative right, including influential businessmen, who began to publicly defend the sanction. However, experts in international law warn that the use of the Magnitsky Act in this context could be considered a deviation from its purpose, which was originally aimed at punishing proven and systematic human rights abuses.
If the sanctions are applied, Moraes could face several restrictions, such as the blocking of accounts linked to American financial institutions, loss of access to digital payment platforms such as Apple Pay and Google Pay, and even monitoring by technology companies to ensure compliance with the measures. Citizens and companies in the United States would also be prevented from carrying out any transactions with him.
Although the penalties do not automatically extend to other countries, their imposition by the US could generate significant political and diplomatic impacts, deepening tensions between the Brazilian Judiciary and the US government.
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