Supreme court (STF) justice Flávio Dino ruled on 18 August that legal decisions, laws, decrees, and executive orders of foreign countries cannot take effect in Brazil without the incorporation or approval of Brazilian authorities. Although his ruling did not directly reference the US sanctions imposed on fellow STF justice Alexandre de Moraes on 30 July [WR-25-30], Dino’s ruling has been widely interpreted as a move to resist US pressure, which could further escalate bilateral tensions.
De Moraes is the judge presiding over a case in which former president Jair Bolsonaro (2019-2023) and his allies stand accused of plotting a coup to help Bolsonaro stay in power after losing the 2022 presidential election. On 15 August the STF confirmed that the trial sessions to judge the charges brought against Bolsonaro and the other alleged masterminds of the coup plot will take place from 2-12 September. Tensions in Brazil as well as diplomatic tensions between the US and Brazilian governments are expected to run high, with less than two weeks until the start of what is expected to be one of Brazil’s most politically charged trials in recent years.
The US government sanctioned De Moraes in late July partially as a move by President Donald Trump to express solidarity with the far-right ‘Bolsonarismo’ movement. De Moraes was sanctioned for “serious human rights abuses” under the Global Magnitsky Act, US legislation which authorises travel bans and asset freezes. Aside from De Moraes, Brazil’s health minister, Alexandre Padilha, also claims to be the victim of US pressure. On 15 August Padilha said that the US had cancelled the visas of his wife and ten-year-old daughter.
The travel ban on Padilha’s family is not related to the Bolsonaro coup plot case, rather it is due to his role in Brazil’s ‘Mais Médicos’ (More Doctors) healthcare access programme. Padilha previously served as health minister in the administration of former president Dilma Rousseff (2011-2016) and launched Mais Médicos in 2013. The US government is revoking the visas of officials tied to Mais Médicos because the programme used to involve Cuban doctors providing healthcare services in Brazil. Earlier this year the US expanded the Cuba-related visa restriction policy to apply to government officials with ties to Cuban overseas medical missions as well as their family members.
Amid the pressure on De Moraes, there has been speculation in the media over the possibility of more US sanctions on Brazilian officials. On 14 August Reuters published an interview with Bolsonaro’s third son, federal deputy Eduardo Bolsonaro, who is currently residing in the US to rally international support for the Bolsonarismo movement and has called for more US measures against Brazil. In the interview Eduardo Bolsonaro said he expects additional US sanctions and possibly more tariffs due to what he considers to be the STF’s legal persecution against his father. He also anticipated that Padilha would face sanctions and said he expected sanctions on De Moraes’ wife.
Controversial ruling
In an apparent move to protect De Moraes from asset freezes, Dino’s ruling on 18 August ordered banks and participants in the national financial system not to comply with the decisions of foreign governments to block accounts and transactions. Legal experts cited in the national press this week have suggested that this decision has put the banking sector in a difficult position. Financial services firms and banking institutions reportedly do not want to incur the wrath of the US government and potentially face penalties for flouting sanctions, but nor do they want to face punishment in Brazil for defying Dino’s order.
According to some media reports, Dino’s order might lack the full backing of all 11 STF justices. He is not even the judge appointed to preside over the case regarding the validity of US sanctions in Brazil. In early August, federal deputy Lindbergh Farias, of the ruling left-wing Partido dos Trabalhadores (PT), submitted an appeal requesting the STF to strike down the sanctions against De Moraes and prohibit financial institutions from enforcing a decision which has not been approved by any Brazilian authority. The judge chosen to oversee this appeal was STF justice Cristiano Zanin, who reportedly planned to proceed with more caution and take his time to pronounce a ruling. However, Dino seems to have pre-empted a decision over which Zanin was still in the process of deliberating.
More pressure on Bolsonarismo
Meanwhile, De Moraes has been piling more pressure on Bolsonaro and his allies, after the federal police (PF) submitted a report on alleged efforts by Bolsonaristas to intimidate the STF and obstruct justice. Published on 20 August, the police report highlighted evidence found on Bolsonaro’s phone, which was confiscated on 18 July. Messages on the phone indicated that Bolsonaro was in contact with his son Eduardo and other allies in the US in July to discuss efforts to lobby the US government to impose sanctions on De Moraes.
The phone also contained conversations between Bolsonaro and Pentecostal pastor and televangelist Silas Malafaia, who the PF believes was involved in discussions about pressuring the STF. On the day that the report was published, De Moraes ordered for Malafaia’s phone to be seized and prohibited him from leaving the country and contacting Jair and Eduardo Bolsonaro.
Another key finding highlighted in the PF report was a possible attempt by the former president to flee justice. On Bolsonaro’s phone the police found an unsigned letter addressed to Argentina’s President Javier Milei requesting political asylum. According to the PF report, the file on Bolsonaro’s phone containing the asylum request was first saved on the device on 10 February 2024, two days after De Moraes ordered Bolsonaro’s passport to be seized [WR-24-06].
De Moraes ordered Bolsonaro’s lawyer to explain this asylum request document, but it is unclear how the judge will respond. Bolsonaro is already under house arrest and cannot meet with anyone without the permission of the STF [WR-25-31]. A more punitive approach, such as further restrictions or a transfer to prison to serve the rest of his pre-trial detention, might further inflame tensions and possibly elicit a tougher response from the US government. Tensions are already expected to intensify in September when the Bolsonaro trial is likely to the dominate national news agenda.
Mining sector appeal
Dino’s ruling on 18 August to invalidate foreign laws and legal decisions which have not been approved by Brazilian authorities derives from a separate case unrelated to the Bolsonaro coup plot trial. The ruling arose from case involving the mining sector. Samarco, a joint venture co-owned by Brazil’s largest mining company, Vale, has faced legal action in foreign jurisdictions due to the high-profile disasters resulting from the collapse of tailing dams; namely, the Mariana dam disaster in 2015 and the Brumadinho disaster in 2019. The national mining association (Ibram) filed an appeal against potential rulings by foreign courts ordering compensation payments to local towns impacted by the disasters.
Governor launches presidential bid
The right-wing governor of Minas Gerais state, Romeu Zema, announced on 16 August that he plans to run for president in the October 2026 election. He has made some nods to the far right, but he is not known to be a close ally of Bolsonaro. The sons of the former president have previously criticised right-wing governors who are seeking to win over Bolsonaro’s political support base but who do not want to align themselves too closely with Bolsonarismo. On 17 August Bolsonaro’s second son, Carlos Bolsonaro, took to social media to describe the behaviour of the governors vying for Bolsonaro’s blessing as “opportunistic”, even comparing them to “rats”.