Sanctions on Moraes: A Long-Overdue Reckoning for Brazil’s Judicial Tyrant
By Laiz Rodrigues
The call for U.S. sanctions on Brazilian Supreme Court Justice Alexandre de Moraes under the Global Magnitsky Act is a righteous and overdue response to his relentless assault on Brazil’s democracy. On July 4, 2025, Moraes once again flexed his unchecked power, suspending both President Luiz Inácio Lula da Silva’s decree to impose a 12 billion reais IOF (Tax on Financial Transactions) hike and Congress’s resounding 383-98 vote to strike it down. This audacious ruling, which neuters both elected branches under the guise of “mediation,” is the latest in a long line of authoritarian moves that demand international accountability. Conservatives have had enough, and sanctions are the tool to finally hold Moraes accountable.
The Global Magnitsky Human Rights Accountability Act, enacted in 2016, is tailor-made for cases like this. Named after Sergei Magnitsky, a Russian lawyer killed for exposing corruption, the Act empowers the U.S. to sanction foreign officials for gross human rights violations or significant corruption. Sanctions can include asset freezes, visa bans, and restrictions on access to the U.S. financial system—measures that hit hard in a globalized world. The law has been used against over 200 targets, from Saudi officials tied to Jamal Khashoggi’s murder to Chinese authorities persecuting Uyghur Muslims. Moraes’ actions—censoring free speech, ordering arbitrary arrests, and now overriding democratic processes—fit squarely within the Act’s scope as violations of rights to free expression and democratic governance.
The IOF tax saga is a glaring example of Moraes’ judicial tyranny. Lula’s decree, a blatant executive overreach, sought to burden taxpayers without legislative approval. Congress, in a rare act of defiance not seen in over 30 years, rightfully annulled it, reflecting the will of the Brazilian people. Yet Moraes, ever eager to play emperor, stepped in to suspend both actions, claiming a need for “harmony” to be hashed out in a July 15 mediation hearing. This isn’t harmony—it’s a power grab. By sidelining 383 elected representatives and the president, Moraes has declared himself above the Constitution he claims to uphold. Conservatives see this as a direct attack on the separation of powers, eroding the democratic republic Brazilians fought to build.
Moraes’ track record only strengthens the case for sanctions. Since 2020, he has waged a crusade against free speech, ordering arrests, banning social media accounts, and even shutting down X nationwide in August 2024 for non-compliance with his edicts. His so-called “fake news” and “digital militias” investigations are widely viewed as pretexts to silence conservatives, particularly allies of former President Jair Bolsonaro. These are not the actions of a neutral arbiter but of a judicial activist bent on control. On platforms like X, users have branded him the “de facto emperor of Brazil,” a sentiment echoed by conservatives who see a justice answerable to no one.
The Global Magnitsky Act offers a clear path to justice. Moraes’ censorship and arbitrary detentions could easily qualify as “gross human rights violations” under the Act, particularly for targeting those advocating for free speech or democratic principles. While corruption allegations are less prominent, any evidence of judicial misconduct for personal gain would further justify action. The U.S. has the tools—through the Treasury and State Departments—to investigate and designate Moraes, freezing his assets and barring him from the U.S. Such measures would reverberate globally, signaling that judicial tyranny won’t be tolerated, even in a democratic ally like Brazil.
The push for sanctions is gaining traction. Figures like Secretary of State Marco Rubio have reportedly raised the issue, and Eduardo Bolsonaro has been lobbying in the U.S. to make it happen. The Trump administration, known for its tough stance on authoritarianism, is said to be reviewing the case. Conservatives argue that this is a critical moment to act. Moraes’ defenders, including Lula’s allies, claim he’s protecting democracy from far-right extremism, but this is a hollow excuse. His rulings don’t just target extremists—they crush anyone who dares challenge his authority, from lawmakers to ordinary citizens. Finance Minister Fernando Haddad’s support for the IOF mediation only underscores how Moraes’ interventions prop up a floundering government while neutering Congress.
Critics might argue that sanctioning a sitting justice risks meddling in Brazil’s sovereignty, as Moraes himself has claimed, invoking the nation’s independence since 1822. But sovereignty doesn’t shield human rights abuses. Moraes’ actions undermine the very democracy he claims to defend, making sanctions not just defensible but necessary. Applying the Magnitsky Act to a Brazilian official would be unprecedented, but the evidence—documented censorship, unlawful arrests, and now the IOF ruling—demands bold action. The process requires careful investigation, but the case is compelling.
Brazil’s democracy is at a breaking point. Moraes’ latest ruling is not just about taxes—it’s about who gets to govern. The Constitution vests power in elected officials, not a rogue justice. Conservatives are rallying for Congress to stand firm and for the U.S. to deliver sanctions that send a message: no one is above the law. If Moraes continues unchecked, Brazil risks sliding into a judicial dictatorship where democracy is a mere facade. The Global Magnitsky Act exists for moments like this, and the time to use it is now. The world is watching, and Brazil’s future hangs in the balance.