Minister Flávio Dino of the Federal Supreme Court (STF) decided on Monday (28) that Judicial decisions and foreign laws cannot have effects in Brazil without prior analysis by the competent Brazilian authority, under penalty of violation of national sovereignty.
By the decision, no law, judicial decision or foreign executive order can produce automatic effects on natural persons, companies or bodies that act in the national territory, or on signed contracts or assets that are in Brazil, without analysis or approval by a competent Brazilian judicial body.
The decision was made in an action opened by the Brazilian Mining Institute (Ibram)which called the Supreme against Brazilian municipalities that opened actions directly in the United Kingdom, in cases against British mining companies, for example.
The minister wrote that Any violation of this determination “is an offense to national sovereignty, public order and morals, therefore the ineffectiveness of such laws, acts and sentences emanating from a foreign country is presumed.”
Dino’s injunction was granted at the moment when US President Donald Trump imposes a Tariff against Brazil and sanctions to ministers of the Supreme, especially Minister Alexandre de Moraes, based on US laws.
Moraes was framed by the White House in the Magnitsky Lawwhich provides for economic sanctions against human rights violators. Trump accuses the minister of preventing freedom of expression and promoting a “witch hunt” against former President Jair Bolsonaro and his political group, with whom he maintains ideological affinities.
Without quoting US law, Dino wrote that reality has shown “the strengthening of strength waves of some nations on others”, And therefore, “in practice, essential postulates of international law have been assaulted.”
“Different types of protectionism and neocolonialisms are used against the most fragile peoples without adequate bilateral dialogues or submission to supranational instances,” the minister said.
Dino continues to say that, “In this context, Brazil has been the target of various sanctions and threats, which aim to impose thoughts to be only ‘ratified’ by the organs that exercise national sovereignty.”
Despite not citing economic sanctions against Moraes, which have the potential to block the use of US flag credit card such as Visa and Mastercard, for example, Dino ordered the central bank notification; of the Brazilian Federation of Banks (Febraban); National Confederation of Financial Institutions (CNF) and the National Confederation of General Insurance, Private Social Security and Life, Supplementary Health and Capitalization Companies (CNSEG).
“Transactions, operations, contract cancellations, asset blockages, transfers abroad (or from abroad) by determination of foreign state, in disagreement with the postulates of this decision, depend on express authorization of this Court, under this ADPF [arguição de descumprimento de preceito fundamental]”Dino decided.
The minister also wrote that Any Brazilian citizen who feels harmed by international imposition can trigger the supreme directlyin search of protection.
Dino summoned a public hearing on the subjectwhose schedule should still be disclosed.
