Trump x Moraes: What is the magnitsky law and why did it come up with the Obama government?

The offensive against Moraes gained body after trip by Eduardo Bolsonaro to the United States. The deputy tried to convince republican parliamentarians to adopt sanctions against the minister based on the law Magnitsky. The performance was seen as part of a strategy to internationalize the political clash and to pressure the Brazilian judiciary with external support.

Musk, among other conservative names, have come to defend the law enforcement against Moraes since then. The suggestion, however, is seen by experts in international law as a distortion of the legislation.

In practice, the minister could lose cards issued by American banks, have access to payments by Google Pay and Apple Pay Blocked, besides being monitored by American companies such as Google to ensure that it is not surrounding sanctions, according to the legislation. American companies and citizens are prevented from negotiating with Moraes, but there is no sanction for international people or entities.

According to the text of the American legislation itself, sanctions apply to those responsible for extrajudicial executions, torture, arbitrary arrests, forced disappearances and other flagrant violations of rights to life, freedom and security. The definition of “serious violations” is anchored in international treaties and requires systematic conduct. Agents may also be punished who repress allegations of corruption or prevent the work of journalists and rights advocates.

Sanctions may be imposed based on non -judicial evidence, but need plausible grounds. The measure is executive and involves the State Department, the Treasury Department and the OFAC (Office of Foreign Assets Control), organ responsible for including names in the call SDN Listwhich blocks access to the American financial system.

There have been precedents against members of the judiciary, but only in authoritarian regimes. The law was used against Russian magistrates and against Turkey and Hong Kong authorities in cases involving political persecution, fraudulent judgments or institutionalized state repression.