The government of Donald Trump announced this Friday (12/12) the withdrawal of the sanction against Alexandre de Moraes, Minister of the Supreme Federal Court (STF), under the Magnitsky law.
The sanction against Moraes’ wife, Viviane Barci, was also overturned.
It’s another surprising chapter in a turbulent timeline involving U.S. and Brazilian authorities over the past few months — and perhaps one as unprecedented as Magnitsky’s sanctions against Moraes.
The STF minister was the first Brazilian official to be subject to a sanction, pronounced at the end of July.
The Magnitsky Act is one of the toughest laws Washington has to punish foreigners it considers responsible for serious human rights violations and corrupt practices.
Moraes is the rapporteur of the criminal action that sentenced former President Jair Bolsonaro (PL) in September to more than 27 years, initially under an initially closed regime.
The former president began serving his sentence at the end of November at the Federal Police Superintendence in Brasilia.
As of July, as the U.S. government’s statements and actions against Brazilian authorities intensified, Bolsonaro remained accused in the criminal case of attempted coup and other charges.
At the time, the government of Luiz Inácio Lula da Silva (PT) criticized the decisions of the White House, defending Brazilian sovereignty and institutions.
But starting in late September, relations between Brazil and the United States began to deteriorate after a brief meeting between Lula and Trump at the UN and a meeting between the two in Malaysia.
May 21: “Great possibility” of sanctioning Moraes, believes Marco Rubio
During a session in the US Congress, Republican Representative Cory Mills asked US Secretary of State Marco Rubio if the White House was studying measures against Alexandre de Moraes within the framework of the Magnitsky Act.
Rubio responded that there was a “strong possibility” that would happen.
“The political witch hunt led by Minister Alexandre de Moraes, of the Federal Supreme Court, against Jair Bolsonaro has created a complex of persecution and censorship so complete that it not only violates the fundamental rights of Brazilians, but also extends beyond the borders of Brazil and affects Americans,” Rubio argued at the time.
July 9: more customs duties against Brazil
In a letter posted on his social media, addressed to the president of Brazil, Trump announced additional tariffs of 40% on Brazilian products, in addition to the 10% on all imports to the United States, announced in April.
The Republican’s justification was an alleged “witch hunt” against former President Jair Bolsonaro in court, which at the time was responding to a criminal case that ended up convicting him in September.
In Trump’s text, Moraes’ name is not directly mentioned.
“I knew and dealt with former President Jair Bolsonaro and respect him greatly, as do most leaders of other countries. The way Brazil treated former President Bolsonaro, a highly respected leader around the world during his tenure, including by the United States, is an international disgrace,” the letter begins.
In another excerpt, Trump even uses capital letters to refer to Bolsonaro’s trial and demands an end to the case.
“This trial should not happen. This is a witch hunt that should end IMMEDIATELY.”
July 18: American visa revoked for Moraes and his family members
A few days later, American Secretary Marco Rubio announced on the social network X that he had ordered the revocation of Minister Alexandre de Moraes’ visa to enter the United States.
“The political witch hunt led by Minister Alexandre de Moraes, of the Federal Supreme Court, against Jair Bolsonaro has created a complex of persecution and censorship so complete that it not only violates the fundamental rights of Brazilians, but also extends beyond the borders of Brazil and affects Americans,” Rubio argued.
According to Rubio’s message, in addition to Moraes’ visa, he requested the revocation of the authorization of the minister’s family members and his “allies.”
According to behind-the-scenes information obtained by several Brazilian media outlets, eight STF ministers had their visas withdrawn. The only ones who were not affected by this measure are André Mendonça, Kassio Nunes Marques and Luiz Fux.
July 30: Sanction against Moraes under the Magnitsky Act
At the end of July, for the first time, a Brazilian official was subject to the Magnitsky law: Alexandre de Moraes.
US Treasury Secretary Scott Bessent commented on the US government’s decision on his X account (formerly Twitter).
“Today, @USTreasury sanctions Minister Alexandre de Moraes, of the Federal Court, who used his position to authorize arbitrary preventive arrests and suppress freedom of expression,” Bessent wrote.
“Alexandre de Moraes is responsible for an oppressive campaign of censorship, arbitrary arrests that violate human rights, and politicized prosecutions, including against former President Jair Bolsonaro. Treasury will continue to hold accountable those who threaten American interests and those who impose limits on our freedoms,” added the Secretary of State.
In a speech delivered on August 1, Moraes commented on the sanction imposed on him, during the opening ceremony of the second semester of the judiciary.
“This rapporteur will ignore the sanctions that have been applied and will continue to work as he did, both in plenary and in the first panel, always in a collegial manner,” he said.
In a statement, President Luiz Inácio Lula da Silva (PT) offered “solidarity” to Moraes and said attempts at external interference in Brazil’s justice system were “unacceptable.”
September 22: Moraes’ wife is also affected by the Magnitsky law
In September, it was the turn of Moraes’ wife, lawyer Viviane Barci, to be subject to the Magnitsky law, as well as the company she and the couple’s three children, Lex – Instituto de Estudos Jurídicas, maintain.
At the time, Treasury Secretary Scott Bessent said in a memo posted on the Treasury website that “Alexandre de Moraes is responsible for an oppressive campaign of censorship, arbitrary arrests and politicized prosecutions – including against former President Jair Bolsonaro.”
“Today’s action makes clear that Treasury will continue to pursue individuals who provide material support to Moraes while he violates human rights,” Bessent continued.
Speaking to Reuters, Bessent compared Moraes and his wife to criminal couple Bonnie and Clyde.
“There’s no Clyde without Bonnie,” he said in explaining why the judge’s wife was being disciplined.
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