Marco Rubio warns that the US will 'respond' to the 'unjust' conviction of former Brazilian president Jair Bolsonaro

Secretary of State Marco Rubio warned that the United States "will respond" to what he called an "unjust" conviction against Brazilian conservative leader Jair Bolsonaro, that country's former president and an international ally of President Donald Trump.

In his reaction to the 27-year prison sentence against Bolsonaro, who according to the Brazilian justice system orchestrated a coup d'état after his electoral defeat in 2022, Rubio took aim at the controversial minister of Brazil's Supreme Federal Court, Alexandre de Moraes, accused by the United States and various conservative leaders in the hemisphere of limiting freedom of expression in the South American country and persecuting his political opponents.

"The political persecutions by sanctioned human rights abuser Alexandre de Moraes continue, as he and others on Brazil's supreme court have unjustly ruled to imprison former President Jair Bolsonaro," Rubio wrote. "The United States will respond accordingly to this witch hunt."

Judge de Moraes, perhaps the most powerful man in Brazil at the moment, on par with President Lula da Silva, has been at the center of controversy for years, when he began, in his words, to defend Brazilian "democracy" by relying on his broad judicial powers.

However, critics and the world's media have questioned Alexander de Moraes' role. In January 2023, The New York Times published a story raising serious concerns about the overreaches of the Brazilian judge, who spearheaded the case against Bolsonaro.

"He has jailed people without trial for posting threats on social media; helped sentence a sitting congressman to nearly nine years in prison for threatening the court; ordered raids on businessmen with little evidence of wrongdoing; suspended an elected governor from his job; and unilaterally blocked dozens of accounts and thousands of posts on social media, with virtually no transparency or room for appeal," the NYT reads.

Now, two and a half years later, Bolsonaro has been sentenced to 27 years in prison. A dissenting judge from the panel of five that convicted him, Judge Luiz Fux, took a position in favor of the conservative leader's defense, calling for the total annulment of the case.

According to the judge, the Brazilian prosecution did not fully prove all the crimes for which Bolsonaro was charged, insisting that "criminal responsibility must be proven beyond reasonable doubt."

"For the facts to be considered crimes, they must fit the letter of the criminal law like a glove on the hand," Fux, who had previously voted to convict dozens of Bolsonaristas involved in those 2022 riots, said. 

Fux, in fact, agreed with Bolsonaro's lawyers on several points, especially that a trial judge should try the case and that the defense did not have enough time to prepare.

"No one can be punished for a cogitation," Fux indicated. "A coup d'état does not result from isolated acts or uncoordinated individual demonstrations, but from the actions of organized groups, equipped with resources and strategic capacity to confront and replace the ruling power."

Finally, Fux's vote was the only dissenting one and did not change Bolsonaro's fate, who four other judges convicted. However, his more than ten-hour address laid the groundwork for future defense appeals and also for the narrative of the Brazilian leader's allies, who are convinced of his innocence while accusing de Moraes of conducting a witch hunt.

Under President Trump's watch, the White House has listened to critical voices of the controversial Brazilian judge, sanctioning him and accusing him of violating human rights under the Magnitsky Act. The measures include freezing assets in U.S. territory, prohibiting transactions with U.S. companies or citizens and restricting entry to the country, arguing that Alexandre de Moraes abused his judicial power by ordering account blocks on social networks and applying measures considered as political censorship and persecution of opponents.

“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,” Treasury Secretary Scott Bessent said in announcing the sanctions. “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.”