It is not true that, once elected president, he could arrest the minister of the (Supreme Federal Court). Nor are there posts stating that the IACHR (Inter-American Commission on Human Rights) and the ICC (International Criminal Court) are the only two institutions with autonomy and legitimacy to arrest the magistrate. Lawyers interviewed by the report reject the statements, saying that there are no legal means that make the hypotheses plausible.
The video, which has been circulating on the networks and was , is a clipping from , on August 20th. At the time, he stated that Trump had told US Senator Marco Rubio, from , that, as soon as he took over as president, the first thing he would do was “put Alexandre de Moraes in jail”.
According to lawyer Marcos Jorge, master in administrative law from PUC-SP (Pontifical Catholic University of São Paulo), Brazilian legislation prohibits the possibility of issuing an arrest order against a STF minister by an American president.
Professor of international law Ricardo Macau explains that, as it involves the assumption of State sovereignty, to carry out an arrest in Brazil issued by a foreign body there must be agreement from the competent Brazilian authorities. “The Supreme Court would have to authorize the extradition and then Lula, which is very unlikely. It is absurd for this to happen.”
Cited in the investigated video, the Inter-American Commission on Human Rights cannot judge individuals, but sovereign States, Macau pointed out. Then, the Federative Republic of Brazil would be denounced and investigated, and not Moraes.
Furthermore, “the IACHR does not make any type of criminal conviction; it makes civil sentences: paying compensation, carrying out investigations.”
Nilton Cesar Flores, professor of fundamental rights at the Universidade Federal Fluminense, states that the , also mentioned in the post, can only determine imprisonment in cases of war crimes, crimes against humanity, genocide and acts of war, which does not apply to hypothesis raised in the content. “It does not seem to me to be a remotely serious hypothesis to consider the arrest of a STF minister, as a result of the legitimate and legal exercise of jurisdiction”, he says.
Contacted by Comprova, Senator Marcos do Val stated that his statements “are based on communications he has carried out with members of the American government over the last two years, through which he has repeatedly denounced the abuses and crimes committed by Minister Alexandre de Moraes since the events of January 8, 2023.”
False, for Comprova, is content that is invented or has been edited to change its original meaning and disseminated deliberately to spread a falsehood.
WHY WE INVESTIGATE
Comprova monitors suspicious content published on social networks and messaging applications about public policies, health, climate change and elections at the federal level and opens investigations into those publications that have greater reach and engagement. You can also suggest checks via . Suggestions and questions related to questionable content can also be sent to Sheet by email to Folha.informacoes@grupofolha.com.br.
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The investigation of this content was carried out by Metrópoles and Estadão and published on November 5th by Comprova, a coalition that brings together 42 vehicles to check viral content. It was verified by Folha, CNN Brasil, Agência Tatu, Terra, O Povo and A Gazeta.
