Understand what the Magnitsky Act used against Alexandre de Moraes is

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BRASÍLIA – The government of Donald Trump applied the Magnitsky Act this Wednesday, the 30th, against Supreme Court Justice Alexandre de Moraes . The legal device activated by the United States Treasury Department imposes financial sanctions on foreigners accused of corruption or serious human rights violations. When contacted, the Supreme Court did not comment.

The U.S. government's decision freezes bank accounts and blocks the minister's access to the U.S. financial system, preventing him from accessing any assets he may have in the United States. The law also prohibits entry into the country. His visa, along with that of seven other members of the Supreme Federal Court (STF) and Attorney General Paulo Gonet, had already been suspended by Trump's order last week.

The law's application was published on the U.S. Treasury website. The minister's name is now on the Office of Foreign Assets Control (OFAC) list. The decision prohibits, for example, him from using Mastercard and Visa credit cards because they are U.S. companies.

The office said in a statement that Moraes “used his position to authorize arbitrary pre-trial detentions and suppress freedom of expression.”

U.S. Treasury Secretary Scott Bessent echoed Trump's speech when justifying Moraes' punishment. He named former President Jair Bolsonaro as one of the minister's targets"in his campaign of censorship, arbitrary detentions that violate human rights, and political persecution."

According to Bessent, the minister"has taken upon himself the role of judge and jury in an illegal witch hunt against the United States and Brazilian citizens and companies." "Today's decision makes clear that Treasury will continue to monitor those who threaten the interests of the United States and the freedom of our citizens," he continued.

However, contrary to what Trump's secretary claims, Moraes' decisions have been submitted to the plenary and ratified by the other Supreme Court justices, in addition to receiving opinions from the Attorney General's Office.

Unprecedented decision

Moraes's punishments include the freezing of assets in his name or belonging to him but possibly held by Americans. Furthermore, any companies or entities linked to the minister are banned from operating in the country.

The Magnitsky Act could also impose sanctions on financial institutions and other individuals who "engage in certain transactions or activities" with the minister. Companies such as banks and credit card companies are prohibited from conducting any transactions involving Moraes.

“The ultimate goal of sanctions is not to punish, but to promote positive behavior change,” concludes the statement published by the Treasury.

The Trump administration's decision is based on a request filed by Legal Help 4 You LLC in Florida Federal Court seeking punishment for members of the Brazilian Supreme Court. The organization is acting as amicus curiae (friend of the court) in the lawsuit filed by Trump Media, owned by the US president, and Rumble.

Last Wednesday, the 23rd, the organization asked the Judiciary to send the case files to the Trump administration so they could analyze the feasibility of applying sanctions against Moraes and the other Supreme Court ministers.

Legal Help 4 You LLC argues in the Florida Court that the Supreme Federal Court violates U.S. sovereignty by restricting the operations of its companies. Moraes's rulings regarding Trump Media and Rumble are justified by the companies' failure to act to restrict the dissemination of fake news and hate speech within their domains.

The Magnitsky Act applied against Moraes was approved in 2012, during the government of Barack Obama , and provides for sanctions such as the freezing of bank accounts and assets on US soil, in addition to a canceled visa and a ban on entering the country.

In May of this year, U.S. Secretary of State Marco Rubio threatened to enforce the law against members of the Brazilian judiciary."This is under review right now, and there's a strong possibility that it will happen," Rubio said two months ago when questioned by Republican Representative Cory Mills of Florida on the matter.

The decision, now in force, comes amid pressure from Bolsonaro supporters for punishments against members of the Supreme Federal Court (STF) in order to halt the trial of former President Jair Bolsonaro for attempted coup d'état in 2022.

One of the main players in the lobby for sanctions against Moraes is Federal Representative Eduardo Bolsonaro (PL-SP), who has been in the United States since March, working with Trump administration officials to frame the minister. The former president's son, who is currently being sued in the Supreme Court, has so far been able to impose a 50% tax on Brazilian products.

As Estadão reported , the US's use of the Magnitsky Act against a Supreme Court justice is unprecedented anywhere in the world. Typical targets of the measure are officials of authoritarian regimes, members of terrorist groups, criminals linked to money laundering schemes, and security agents accused of serial murders.

To have his name removed from the list, Moraes will need to prove he had no connection to the illegal activities that led to his punishment, that he has already responded to his actions in court, or that he has significantly changed his behavior. The government itself can also lift the sanctions if it deems it important for the country's security.