This week, Brazil’s Supreme Court ruled that foreign legislation does not apply in the country. While that may seem like a bit of a “well, duh” kind of statement, the ruling invalidated the Magnitsky Act, a United States law allowing the president to impose sanctions on foreigners engaging in human rights abuses or corruption. Why was the Brazil’s highest court concerned about the Magnitsky Act? Because the Magnitsky Act is what Trump used to impose sanctions on Brazilian Supreme Court Justice Alexandre de Moraes. So now that the Brazilian Supreme Court has ruled that no one in Brazil can carry out sanctions again Moraes, the question is why does Trump have such a grudge against this dude?
Per the Trump administration, Moraes was authorizing “arbitrary pre-trial detentions” and suppressing freedom of expression. Sounds serious! So who exactly was being arbitrarily detained? Let's see . . . Moraes has been overseeing the trial of Brazil's former president (and Trump wannabe) Jair Bolsonaro. Maybe that has something to do with it. So who exactly is Bolsonaro and why would Trump care about him? Well, Bolsonaro was the Trump wannabe who is currently on trial for organizing a coup d'état and plotting to assassinate Lula da Silva and Supreme Court Justice Moraes. No matter how much Trump might think otherwise, prosecuting a politician for attempting a violent coup is not a human rights abuse.
No wonder Trump feels like Bolsonaro is a kindred spirit who must be protected at all costs. But the Trump administration isn’t just mad about Bolsonaro. Moraes has also proven entirely immune to the allure and threats of Big Tech, having at one point banned both X and Rumble in Brazil when they failed to follow local laws and comply with court orders.
But where Trump could just drop an existing prosecution or pardon Bolsonaro if he was in the United States, the U.S. president doesn’t have that power in Brazil. So, he has to try to attack the judge who is handling the case. Trump’s a bit stymied there as well, though, as the Brazilian court system is not stuffed with Trump appointees willing to do his bidding. The only thing he can really do to Moraes personally is try to sanction him. But Trump is also trying to punish the whole country-- which is why he’s slapped enormous tariffs on the entire country to try to spring Bolsonaro, but thus far it isn’t working.
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