Treasury sanctions Brazilian Judge Alexandre de Moraes for human rights violations

The Office of Foreign Assets Control (OFAC) of the U.S. Treasury Department has imposed sanctions on Brazilian Supreme Federal Court (STF) Justice Alexandre de Moraes, accused of authorizing arbitrary detentions and restricting freedom of expression.

The measure, announced today, is based on an Executive Order implementing the Global Magnitsky Human Rights Accountability Act, aimed at punishing individuals responsible for serious human rights abuses around the world.

The official Treasury release notes that “Alexandre de Moraes has taken it upon himself to be judge and jury in an unlawful witch hunt against U.S. and Brazilian citizens and companies."

Secretary of the Treasury Scott Bessent, stated, "De Moraes is responsible for an oppressive campaign of censorship, arbitrary detentions that violate human rights, and politicized prosecutions—including against former President Jair Bolsonaro. Today’s action makes clear that Treasury will continue to hold accountable those who threaten U.S. interests and the freedoms of our citizens.”  

This sanction follows the revocation of the visa of De Moraes and his immediate family members by the State Department just days ago due to their “complicity unlawful censorship campaign” against U.S. citizens on U.S. soil.

Judicial abuses

Appointed to the STF in 2017, Alexandre de Moraes has consolidated a position of great influence in Brazil, leading extensive investigations that, according to Treasury, have resulted in significant abuses.

The release details that he “has investigated, prosecuted, and suppressed those who have engaged in speech that is protected under the U.S. Constitution, repeatedly subjecting victims to long preventive detentions without bringing charges.”

Among the cases highlighted in the statement, it mentions the arbitrary detention of a journalist for more than a year in retaliation for exercising his right to freedom of expression, an action that the Treasury describes as a clear violation of fundamental rights.

According to the Treasury, he "has imposed preventive detention on and issued a series of preventive arrest warrants against journalists and social media users, some of whom are based in the United States."

In addition, the judge has ordered U.S. social media platforms to block or delete hundreds of accounts, many of them belonging to critics of the Brazilian government, including U.S. citizens. These measures have also included asset freezes, passport revocations, home search warrants and property seizures, as well as the preventive detention of its critics.

The Magnitsky Sanctions

The sanctions imposed under the Executive Order are intended to punish those who commit serious human rights abuses or acts of corruption that threaten the stability of international political and economic systems.

The Treasury stresses that “human rights abuse and corruption undermine the values that form an essential foundation of stable, secure, and functioning societies; have devastating impacts on individuals; weaken democratic institutions; degrade the rule of law.”

As a result and in that context, De Moraes has been designated as a foreign person responsible for these abuses, resulting in the blocking of all his assets and interests in property located in the U.S. or under control of U.S. citizens. Also, any entity in which De Moraes has a 50% or greater ownership interest is automatically blocked.

OFAC regulations prohibit, unless specifically authorized, any transactions by U.S. citizens or in U.S. territory involving property or interests of blocked persons. Failure to comply with these sanctions may result in civil or criminal penalties, based on strict liability, according to OFAC's Economic Sanctions Enforcement Guidelines.

The Treasury emphasizes that the objective of these measures is not only to punish, but also “but to bring about a positive change in behavior” of those sanctioned, with the possibility of removing individuals from the Specially Designated Nationals and Blocked Persons List (SDN List) if they comply with legal requirements.

For his part, the U.S. Secretary of State, Marco Rubio, commented on the sanction on his X account, stating:

“@POTUS and @USTreasury have sanctioned Brazilian Supreme Court Justice Alexandre de Moraes under the Global Magnitsky sanctions program for serious human rights abuses. Let this be a warning to those who would trample on the fundamental rights of their countrymen—judicial robes cannot protect you.”