On the eve of the beginning of the tariff against Brazil, the United States Foreign Asset Control Office (USA) has applied a sanction against Federal Supreme Court (STF) Minister Alexandre de Moraes.
The organ of the US Treasury Department accuses Moraes of violating freedom of expression and authorizing “arbitrary arrests”, citing the trial of the attempted coup and decisions against US social media companies.
“Moraes is responsible for an oppressive campaign of censorship, arbitrary arrests that violate human rights and politicized processes-including against former President Jair Bolsonaro. Today’s action makes it clear that the Treasury will continue to hold those who threaten US interests and the freedoms of our citizens,” said the Treasury SecretaryScott Bessent.
Version
The US government repeats the version of former President Jair Bolsonaro, who claims to be persecuted by the process that faces an accused of leading an attempt to coup in Brazil.
According to the complaint, Bolsonaro pressured military commanders to suspend the result of the October 2022 presidential election, when he lost to President Luiz Inacio Lula da Silva.
OFAC used, as a base, the magnitsky law, used to punish alleged human rights violators abroad. The measure blocks goods and companies from the US sanction targets.
If Moraes has companies or control, with 50% or more, companies in the US, they will be blocked.
Social media
In addition to the lawsuit against the scammers of January 8, 2023, the US government office cites as motivation for the sanction as Decisions that Moraes made against US social media linked to President Donald Trump.
“He also issued orders directly to US social media companies to block or remove hundreds of accounts, often from his critics and other Brazilian government critics, including US citizens,” Ofac said.
In February this year, Moraes had Rumble suspendTrump Media & Tecnology Group (TMTG), owner of Truth Social. The company was suspended for not presenting legal representative in Brazil, a requirement of national legislation.
In August 2024, Moraes suspended platform Xalso based in the US, for breaking judicial decisions and not presenting legal representative.
Freedom of expression
The US Treasury Department accuses Moraes of violating freedom of expression in Brazil and the United States. “Through his actions as Minister of the Supreme Court, from Moraes has undermined the rights of Brazilians and Americans to freedom of expression,” said Ofac.
The Trump government agency says Moraes would have determined “preventive arrests without accusations”; arrest of a journalist and media users “in retaliation for exercising freedom of expression”. However, OFAC does not specify that these cases were.
Analysts consulated by Agência Brasil has warned that the far right, both in Brazil and in the United States, has been distorting reality Judicial proceedings in Brazil to maintain that the country is experiencing a climate of censorship and persecution.
“[Essa estratégia] It aims to try to demoralize investigations of liability against attacks on the Brazilian Democratic Rule of Law with incomplete and superficial information about the Brazilian reality, ”said Pedro Kelson of the Washington Brazil Office (WBO) democracy program.
Democracy
The Professor of Constitutional Law at the State University of Pernambuco (UPE) Flávia Santiago highlighted That there is no unlimited freedom of expression in any democracy in the world.
“By acting within Brazil, the platform is subject to the laws and judicial decisions of the country. Each democracy sets its limits. Brazilian democracy has limits and one of them is not in doubt about democratic institutions itself. This is part of our democracy proposal in the 1988 Constitution,” he explained.
Many of the moraes suspended profiles are involved in the inquiries that investigate crimes such as the violent abolition of the Democratic Rule of Law, which is typified in Law 14,197 of 2021.
“In Brazil, ‘freedom of expression’ finds limits on the protection of other individual legal goods, such as honor; or collectives, such as security and electoral balance. In addition, the Brazilian judiciary has legal support and judicial independence to determine the blockade to profiles and posts on social networks,” said Fabio de Sá e Silva, WBO associate researcher.
Also according to the expert, profiles or posts that are used to commit crimes, such as the encouragement of coup, pedophilia or sexual exploitation of children, can be overthrown according to Brazilian law.
In the US, for example, a Nazi party can be founded, defending racial superiority. In Brazil, both racism and the defense of a Nazi ideology are crimes.
* Matter expanded at 2:53 pm
