Brazil's Supreme Court exempts citizens from foreign legal decisions amid spat with US

Desmond Milligan · August 18

SAO PAULO (Reuters) -Brazilian Supreme Court Justice Flavio Dino ruled on Monday that Brazilian citizens cannot automatically be subject to foreign laws or decisions within the country's territory, a move that quickly prompted blowback from the United States.

WHY IT'S IMPORTANT

The ruling responds to a request from Brazilian mining lobby Ibram related to Brazilian cities initiating lawsuits abroad over compensation claims for mining accidents, such as the dam collapses in Mariana in 2015 and Brumadinho in 2019.

The decision could have broader impacts, too. It comes after the U.S. imposed sanctions against Brazilian Supreme Court Justice Alexandre de Moraes, who oversees the trial of former President Jair Bolsonaro. The U.S. accused the judge of authorizing arbitrary pre-trial detentions and suppressing freedom of expression.

CONTEXT

Bolsonaro, an ally of U.S. President Donald Trump, is on trial for allegedly plotting to overturn the 2022 election. Trump's administration imposed levies on imports from Brazil largely in response to the prosecution of Bolsonaro that he has called a "witch hunt."

KEY QUOTE

Justice Dino "suspended the effectiveness of judicial decisions, laws, decrees, and executive orders of foreign states in our country that have not been incorporated or obtained the assent of the sovereign bodies under Brazil's Constitution and laws," the court said in a statement.

"The decision applies to this specific case, which involves compensation claims related to the environmental accidents in Mariana and Brumadinho, Minas Gerais, but the judge's arguments apply to all similar cases," it added.

WHAT'S NEXT

The ruling may prompt further legal and diplomatic discussions regarding Brazil's dispute with the U.S. over tariffs.

The U.S. State Department's Bureau of Western Hemisphere Affairs said later in the day on social media that "no foreign court can invalidate United States sanctions — or spare anyone from the steep consequences of violating them." It also said U.S. citizens are prohibited from transacting with Moraes, and citizens elsewhere should "tread carefully."

(Reporting by Eduardo Simoes and Ricardo Brito; Writing by Isabel Teles; Editing by Daina Beth Solomon and Stephen Coates)

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