Although aimed at the Minister of the Federal Supreme Court (), the US goes beyond the magistrate and generates unprecedented tension in the court and the judiciary, they evaluate experts heard by Sheet.
They also speak of attack on sovereignty and project that the measure should not change the Supreme Court’s behavior in the criminal action that judges the attempted coup of 2022-according to the Attorney General’s Office), by former President ().
The president’s government applied against Moraes economic sanctions via, legislation of the country focused on human rights violators and leaders accused of corruption.
By announcing the measure at the end of July, the US said Moraes used its magistrate position to “authorize arbitrary arrests” and “suppress freedom of expression.”
Before the application of the magnitsky law ,. Following this, he announced, also associated with Bolsonaro’s trial in the court.
Last Thursday (7) the embassy stated in a publication on social networks that “allies of Moraes in the judiciary and other spheres” can also be punished.
Shortly after applying magnitsky, the Supreme launched. In the statement, the institution stressed that “it will not deviate from the role of fulfilling the country’s constitution and laws” and that the trial of crimes such as those imputed to the former president is the sole jurisdiction of the courts.
The message was also given during of the judiciary, when the discourse on the independence of Brazilian justice prevailed.
The public reaction of the Ministers of the Moraes Support Court was, however, shaken after the magistrate.
According to the judge, Bolsonaro disregarded precautionary measure that prohibited him from using social networks by participating in demonstrations through third parties.
House arrest renewed at full power the effort for the impeachment of the minister coming from pockets, who came to themselves.
Also part of the, although some of them have maintained public support to the magistrate’s actions.
For Diego Nunes, professor of law at UFSC (Federal University of Santa Catarina), the unprecedented decision to apply the magnitsky law against a Brazilian authority should not specifically interfere with Bolsonaro’s trial.
The expert’s evaluation goes towards the manifestation of. They refute the idea that sanctions interfere with criminal proceedings and speak of the possibility of judgment being permeated by speech of sovereignty.
Nunes classifies the episode as an international discredit attempt by Brazilian justice. For the expert, the United States poorly applied the legislation, which was.
“Eventually one can disagree with one or another decision in Moraes, but they have not caused serious human rights violations, let alone refer to acts of corruption,” he says.
Adriana Cecilio, who is a specialist and master in constitutional law, also classifies the sanction as an attack on the judiciary. She recalls that Moraes’s decisions have been supported by the Court itself and that it is not for the president of another country to be imposed on STF decisions.
“To sanction Moraes for acting in a process in which other ministers and the Court itself are acting is to act against the institution and, therefore, against the Brazilian State,” he says.
For Cecilio, those who consider there to be irregularities in the conduct of the judge need to try their impeachment via Congress.
“Acting abroad against the Brazilian state is very serious,” he says. “The properly substantiated impeachment process is the only legal-political path authorized by our constitution in cases where a minister is to remove.”
Alvaro Palma de Jorge, professor at FGV Law Rio specializes in Superior Courts, considers that the Supreme Court will need time to reflect on the unprecedented context of pressure.
“This is a decision that seeks to sanction someone who is acting within the competences of the Judiciary of Brazil. Therefore, it goes beyond a personal sanction to Moraes,” he says.
“It seems to configure a broader discussion about how foreign legislation can be used to penalize the decisions that are made in another country.”
In this sense, the sanction goes beyond Moraes to reach national justice and sovereignty, says the teacher. He understands that the measure breathes in other institutions, such as PGR and the Federal Police, and can reach other public agents.
“And if tomorrow she [Lei Magnitsky] applied to the mayor or the Republic? “He asks.
The president of the House of Representatives, Hugo Motta (Republicans-PB), said that any kind of sanction by foreign nations addressed to members of any power made up of the Republic cannot be supported.
At the time, David Alcolumbre (Brazil-AP Union), president of the Senate and the National Congress, said that the powers.
“I reaffirm confidence in strengthening our institutions, including the judiciary, an essential element for the preservation of national sovereignty, which is non -negotiable. The National Congress does not admit interference in the performance of our powers.”
Already the president (PT) interference from the United States and stated that Moraes is “targeted by sanctions motivated by the action of Brazilian politicians who betray our homeland and our people in defense of their own interests.”
