(18) of the Minister of the Federal Supreme Court) on the application of foreign legislation in Brazil stands out more as a political message than by the legal impact that can bring about the cutlery, according to experts heard by Sheet.
Moraes was the target of sanctions imposed by the US Donald Trump government.
For law teachers, the manifestation of Dino does not bring legal novelty, except in the context of the impediment of Brazilian states and municipalities to seek foreign courts.
The magistrate’s demonstration took place in a process on the breach of the dam, which occurred in 2015. The action of IBRAM (Brazilian Mining Institute) aims to prevent Brazilian municipalities from proceeding with a process in the United Kingdom.
The British case was opened in 2024. The Institute of the Supreme Court is the declaration that it is unconstitutional that municipalities resort to foreign justice “to the detriment of Brazilian jurisdiction, on facts that occurred in Brazil and governed by Brazilian law.”
In addition to prohibiting states and municipalities to seek foreign courts, Dino dealt with the need for approval of foreign judicial decisions. He also pointed out that laws from other countries have only effect in Brazil if they are within the hypotheses authorized by the legal system and do not offend “national sovereignty, public order and morals”, as advocated by the law of introduction to the rules of Brazilian law.
According to experts heard by Sheetthese predictions already occur in Brazil. What the minister did was take advantage of an ADPF (Argument for Fundamental Precept) to deal with a broad manner of the subject and give political message in context by sanctions to court ministers.
In late July, the US government, a rapporteur in criminal action that investigates the 2022 coup plot. According to PGR (Attorney General’s Office), the coup attempt was led by former President Jair Bolsonaro (PL). If convicted, the politician can take more than 40 years in prison, as well as increase the ineligibility, which currently runs until 2030.
With the proximity of the judgment of the former president, one of his children, the federal deputy Eduardo Bolsonaro (PL-SP), increased in the US offensive against Brazilian authorities, especially Moraes.
The financial sanctions applied to the minister, however, are already limited within Brazil, so far restricted to transfers abroad. The picture shows the already current limitation of foreign law in the country, reinforced by Dino’s manifestation in ADPF.
According to Raphael Rocha, professor of law at UFJF (Federal University of Juiz de Fora) and PhD in International Law at UERJ (State University of Rio de Janeiro), Dino’s decision is in line with international law and with principles of sovereignty and equality between countries.
“What he [Dino] It was, given the new moment of international pressures that Brazil is living, reinterpreting these devices better clarifying which pressures that the Brazilian legal system may have before these attempts to invasion and overlap of Brazilian sovereignty, “says Rocha.
“The minister tries to make clear what are the mechanisms of protection that the Brazilian legal system has in the face of this attempt of an improper extraterritoriality of foreign legislation and foreign decisions about the country.”
According to the expert, the magistrate’s decision – which must be taken to the Supreme Plenary – also goes towards what is observed in many European countries, which generally do not approve decisions from other countries if they are part of the European Union.
The expert speaks of the obvious influence of recent facts involving Moraes in the decision. It says, however, that it does not directly change the case of the magistrate, but makes clear the position of the court in the face of the US sanction.
Also on Monday, Dino’s demonstration stating that no foreign courts may annul “sanctions imposed by the US or protect someone from severe consequences of breaking them.” The statement also said that Moraes “is toxic to all legitimate companies and individuals seeking access to the United States and their markets.”
For Flávio Luiz Yarshell, professor at USP’s Faculty of Law, Dino’s measure only reaffirms what is already provided for in Brazilian law and has no reach about foreign decisions with effect outside Brazil.
“It seems reasonably clear to me that a decision of the US government is not expected to produce effects in a country without this country in mind,” says Yarshell.
Professor Maria Cecília Asrtra, from FGV Law SP, says that Dino’s decision has no immediate practical effect in the case of Moraes, since, as far as we know, the sanction is not being applied in Brazil. For her, however, the reasoning can signal future understandings in the Supreme Court.
In the order, Dino signals that blockages of assets or international transfers by foreign state order depend on the authorization of the Supreme in the current action.
Thus, according to Aspi, even if the legal scope is uncertain, “in theory, this judgment can also be invoked (…) probably in a judicialization in the Supreme Court, but already with an erga precedent omnes [que vale para todos]”.
