Brazil’s Top Court Rules US Laws Have No Jurisdiction Within Its Borders

Brazil’s Supreme Court on Monday declared that foreign legislation cannot be enforced on Brazilian soil, following Washington’s decision to sanction one of its sitting justices under a US law.

The United States invoked the Magnitsky Act—a statute permitting sanctions against individuals accused of human rights abuses worldwide—to target Supreme Court Justice Alexandre de Moraes, who is presiding over the trial of former president Jair Bolsonaro’s alleged coup plot. Moraes is also the justice who ordered the suspension of the social media platform X (formerly Twitter) in Brazil last year.

In response, Justice Flávio Dino of the Federal Supreme Court issued a ruling affirming Brazil’s sovereignty: “Judicial decisions, laws, decrees, and executive orders of foreign nations have no validity in our country,” the high court stated.

The court emphasised that under Brazil’s Constitution, any foreign rulings can only be enforced domestically if formally approved or through international judicial cooperation mechanisms.

The decision, though not explicitly referencing the Magnitsky Act, effectively rejects its applicability within Brazil. A judicial source confirmed to AFP that, “in theory”, the ruling invalidates the use of such US legislation in the country.

Justice Dino added that the principle also applies to recent UK court rulings against the Brazilian Mining Association (Ibram) concerning the Mariana and Brumadinho dam disasters.

The US government swiftly contested Brazil’s interpretation. The Bureau of Western Hemisphere Affairs posted on X:

• “No foreign court can invalidate United States sanctions—or spare anyone from the steep consequences of violating them.”
• “Alexandre de Moraes is toxic to all legitimate businesses and individuals seeking access to the US and its markets.”
• “US persons are prohibited from transacting with him, and non-US persons must tread carefully: those providing material support to human rights abusers face sanctions risk themselves.”

At the end of July, Washington had already blocked all assets linked to Moraes in the United States, citing his role in Bolsonaro’s trial.

The sanctions and subsequent court ruling have heightened tensions between Brasília and Washington, threatening to strain diplomatic relations and trade ties. The case against Bolsonaro, a close ally of former US president Donald Trump, is viewed as politically sensitive in both nations.

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