Trump’s sanctions on Brazil’s top judge expose a reckless abuse of power, turning the Magnitsky Act into a political weapon to shield Bolsonaro and bully a sovereign democracy’s fight against insurrection.
On July 30, Marco Rubio went full keyboard warrior on X, blasting a warning to anyone daring to “trample on fundamental rights.” His target? Alexandre de Moraes, a justice on Brazil’s Supreme Court. But the so-called trampling wasn’t genocide, mass murder, or torture. It was Moraes leading the legal case against Jair Bolsonaro—the far-right ex-president of Brazil and Trump’s political twin—who’s about to stand trial for allegedly trying to overturn the 2022 election, which he lost and still denies. In a move that stunned legal experts worldwide, the U.S. slapped Moraes with sanctions under the Global Magnitsky Act, freezing his U.S. assets and banning him from entering the country.
This law was designed to punish monstrous human rights
violators—people who disappear journalists or command massacres. Yet here it
was, weaponized against a judge in a working democracy whose worst “crime” is
dragging Bolsonaro and his goons into a courtroom. It was the first time a
sitting judge from a democratic ally was sanctioned like this. And it didn’t
stop there. Just days earlier, the U.S. revoked visas for most justices on
Brazil’s Supreme Court and others involved in prosecuting Bolsonaro. Treasury
Secretary Scott Bessent didn’t hold back, accusing Moraes of running an
“unlawful witch-hunt” against both Brazilian and American citizens and
companies.
And then came the hammer.
Trump followed the sanctions with a 50% tariff on many
Brazilian imports, effective August 6. The excuse? Not trade imbalances—because
Brazil actually runs a deficit with the U.S.—but what Trump called “politically
motivated persecution” of Bolsonaro. In other words, a courtroom investigation
into a riot and coup plot became grounds for an economic slap in the face. It
was less about justice and more about loyalty. And it smelled like revenge
served hot—with a side of foreign interference.
Moraes didn’t appear surprised. He’s been locking horns
with Trump’s orbit since 2019, when Brazil’s Supreme Court launched the
“fake-news inquiry” to investigate misinformation aimed at the judiciary. The
probe sparked controversy from day one, partly because Brazil has no legal
definition of misinformation. Critics argued that by investigating threats
against itself, the court was playing prosecutor, judge, and jury. Moraes was
handpicked to lead it—sidestepping the court’s usual lottery system.
What started as a one-year probe is still alive six years
later, now tackling disinformation about Brazil’s democracy. The case is
sealed, so no one really knows how many social media accounts Moraes has
ordered taken down—or why. But in April 2024, the U.S. Congress’s judiciary
committee revealed that he ordered X (formerly Twitter) to delete at least 88
accounts since 2019, often without giving public reasons. In February, Trump’s
media group and Rumble sued Moraes, saying his rulings reached into the U.S.
and overstepped his bounds.
Still, nothing Moraes has done is illegal in Brazil. In
fact, the country’s enormous constitution gives him wide powers. It’s so long
it practically needs wheels to carry it. And it allows presidents, governors,
unions, political parties, and others to file cases directly with the Supreme
Court. In 2023 alone, Brazil’s 11 justices made over 114,000 rulings. That
caseload forces individual judges to make sweeping decisions. And with Congress
dragging its feet on digital laws, the court has become the frontline of
enforcement.
Free speech in Brazil isn’t as broad as in the U.S. The
law bans discrimination and hands out harsher punishments for defamation
against public officials. In 2021, Congress passed a law against “crimes
against democracy,” which includes threatening constitutional powers. Armed
with this legal toolbox, Moraes turned up the heat on Bolsonaro and his diehard
fans.
Many critics ignore the mountain of evidence against
Bolsonaro. On January 8, 2023, his supporters stormed federal buildings after
he claimed—without proof—that voting machines were rigged. His defenders
downplayed it, saying it was just sweet old ladies carrying Bibles and flags.
One senator even called it a Sunday stroll by the elderly. But surveillance
footage showed chaos—glass shattered, property destroyed, and democracy under
siege. Weeks earlier, Bolsonaro loyalists set cars and buses ablaze after Lula’s
win was certified. On Christmas Eve, one man planted a bomb on a fuel truck at
the airport. It didn’t explode—but it didn’t have to. When smoke chokes the
air, fire is never far behind.
Federal police say Bolsonaro’s team had even darker
plans. His deputy chief of staff, Mario Fernandes, allegedly drafted a plot to
kidnap or kill Moraes, Lula, and Lula’s running mate before the new government
could take office. The plan was printed several times inside the presidential
palace. It included rifles, grenade launchers, and even chemical weapons
designed to kill Lula in the hospital. On July 24, Fernandes admitted he wrote
the document but claimed it was just a “risk analysis” and said he printed it
to avoid eye strain. He insisted he never shared it.
Police also accuse Bolsonaro’s lawyers of drafting a fake
emergency decree to nullify the election. On June 10, Bolsonaro admitted to the
Supreme Court that he held meetings about declaring a state of emergency—but
claimed he dropped the idea after military leaders objected.
Despite all this, Rubio, Trump, and Bessent believe
turning up the pressure on Moraes will somehow free Bolsonaro. But their move
could backfire. Lula now calls the Bolsonaro camp “traitors,” and most
Brazilians seem to agree. Moraes, who’s used to death threats, didn’t flinch.
On the day of the sanctions, he calmly boarded a flight to São Paulo—to watch
his favorite football team play. A judge unbothered is a fire not fueled.
The gavel in Brazil is still swinging—and it’s not waiting for approval from
Washington.