Minister of the STF states that use of the magnitsky law is external interference and defends autonomy of the Brazilian judiciary
Minister Edson Fachin of the Federal Supreme Court (STF) said on Monday (4.2025) that against the Supreme Court Minister Alexandre de Moraes represents a “threat” and “improper interference” to the independence of the judiciary.
During the event at the Fernando Henrique Cardoso Foundation in São Paulo, Fachin criticized the sanction applied by the United States to Moraes. He stated that punishing a judge for decisions that made “It’s a bad example” and comes from a foreign country against another sovereign.
“Punishing a judge for decisions he has made is a bad example of improper interference, and even more so when it comes from a foreign country in relation to another sovereign country”said the minister during an event at the Fernando Henrique Cardoso Foundation, in São Paulo.
The magnitsky law is applied against authorities accused of repression of civil freedoms or electoral fraud.
The minister’s inclusion by the US government is during diplomatic and commercial tension between presidents Lula and Donald Trump. The US government says Moraes commits violations in the former president’s judgment (PL).
The minister’s inclusion on the list prevents his entry into the US, freezes eventual assets and restricts operations with institutions linked to the US financial system.
According to Fachin, this type of sanction is a form of intimidation. “It works as a kind of threat, but anyway (…) I remembered that, in terms of threat, we are from a generation that has lived a little of it,” these.
Fachin considers the punishment to judges undue for decisions made in the exercise of the function, especially when motivated by its content or political and ideological implications – which, according to him, hurts the principles of judicial autonomy.
For the minister, the Brazilian judiciary should not be intimidated by the sanctions imposed by foreign countries, even when the “winds that blow from the north” are intense.
He evaluates that Brazil brings together sufficient institutional experience to defend democracy, the rule of law and the independence of the judiciary.
“I believe we will not haunt with these winds that are blowing from the north, as strong as they are”said the minister, who takes over the presidency of the Supreme Court in September.
The magistrate also said that eventual disagreements about court decisions should be resolved by means of resources or public criticism – algoe of democracy, according to him.
He also drew attention to what he considers a growing threat in other parts of the world, citing Colombia.
Fachin stated that there is a “Global populist authoritarian pandemic” which can reach other institutions and argued that society knows how to resist this type of onslaught.
