Applying the Magnitsky Act against Alexandre de Moraes is an imperialist aggression against Brazilian sovereignty.

By José Reinaldo Carvalho - The so-called Magnitsky Act is one of the most cynical and depraved instruments of global interference and domination practiced by the United States under the pretext of "defending human rights" and "fighting corruption." In reality, it is a true weapon of political and legal warfare, a prelude to other forms of hostility, including military ones, used by the United States against nations and their leaders, affronting fundamental principles of international law and violating the sovereignty of independent nations. Its unprecedented application against Brazil, against a member of our Supreme Court, is yet another demonstration of the openly imperialist character of US foreign policy.

The Magnitsky Act is a United States law enacted in 2012 during the administration of President Barack Obama. It is named after Sergei Magnitsky, a Russian lawyer who died in 2009 in police custody after exposing an alleged corruption scheme involving Russian officials. The origin of the Magnitsky Act is intrinsically linked to the US's geopolitical confrontation strategy against the Russian Federation. Magnitsky's death served as a pretext for Washington to initiate an escalation of legal hostility against the Russian state, transforming an internal judicial case of another country into an international political banner. In response to his death and the alleged impunity of those responsible, the US Congress passed the law, aiming to impose sanctions on foreign individuals accused of violating human rights and engaging in acts of corruption. The law's origin is also associated with billionaire William Browder, a former foreign investor in Russia and a central figure in crafting the narrative that motivated the creation of the legislation. Browder, who was banned from Russia for tax evasion and other irregularities, went on to lobby worldwide for sanctions against Russian officials and became a key figure in the anti-Russian crusade in Western parliaments.

Later, in 2016, towards the end of the Obama administration, Congress passed an expanded version, called the Global Magnitsky Act, allowing the U.S. to sanction any person, from any country, involved in what the U.S. government and Congress deem to be serious human rights abuses or significant corruption.

Among the central provisions of the law are the freezing of assets and property under US jurisdiction; the prohibition of entry into the United States; financial sanctions against companies or entities allegedly involved with the targets of the law; and the possibility of application by simple decision of the US Executive Branch, without the need for judicial proceedings.

This is, therefore, a mechanism that exposes the practice of international arbitrariness, based on unilateral political criteria of the USA.

Behind the human rights rhetoric, the true motivation behind the law has always been to destabilize governments considered "enemies" or "non-aligned" with Washington's interests. Since its enactment, the Magnitsky Act has been selectively applied, primarily targeting countries in the Global South, allies of Russia or China, and leaders who confront US interests. Countries targeted by sanctions under this legislation include Russia, with numerous authorities sanctioned, including prosecutors, judges, and police officers; Venezuela, whose political, military, and judicial leaders have been systematically targeted by sanctions as part of an attempt to destabilize the Bolivarian government; China, with sanctions against authorities involved in issues related to Hong Kong and the Xinjiang province; Nicaragua, Cuba, Myanmar, Iran, North Korea, Syria, among others, all recurring targets of US punitive campaigns. Legal figures, such as ministers of justice, judges, and prosecutors, especially in countries where the judiciary is considered to be aligned with sovereignist governments.

The discriminatory and unilateral nature of this law becomes even more evident when one observes that strategic allies of the US, such as Israel – even those involved in serious and documented human rights violations – are rarely targeted by similar sanctions.

From any legal and political perspective, the Magnitsky Act represents a blatant violation of the Charter of the United Nations, which establishes the principle of non-intervention in the internal affairs of States and respect for national sovereignty. The use of unilateral coercive measures is expressly condemned in various UN resolutions, especially within the framework of the General Assembly and the Human Rights Council.

The law establishes a “global tribunal” controlled exclusively by the U.S. State Department and the Treasury Department, without any due international legal process, without the right to defense for the accused, and without respect for the principle of presumption of innocence. It is reminiscent of the old “Inquisition tribunals” and the current “trial rites” of criminal organizations. Here in Brazil, the idea flourished through the anti-legal actions of Sergio Moro, punished as a biased judge and for misconduct, and former prosecutor Deltan Dallagnol, also the target of administrative proceedings within the Public Prosecutor's Office for a myriad of irregularities that also constitute misconduct.

The application of Magnistky is based on obscure criteria, often fueled by NGOs funded by the US government itself, conservative think tanks, and anti-communist lobbies.

There is nothing democratic about the Magnitsky Act. On the contrary, it is a mechanism of intimidation and coercion, typical of imperialist and neocolonialist regimes.

The Magnitsky Act is just one of the many instruments in the US imperialist arsenal used to establish itself as a global hegemonic power, now confronted with real and irreversibly existing multipolarity. Along with economic embargoes, financial and trade blockades, disinformation campaigns, media wars, and clandestine operations, it comprises the so-called "hybrid warfare" waged by Washington against independent governments.

By using human rights arguments as a pretext to persecute political opponents, the US instrumentalizes universal values ​​for geostrategic purposes. This is a classic case of transnational "lawfare," which aims to undermine the legitimacy of sovereign institutions, demoralize popular leaders, and destabilize national political processes.

The consistent practice of imposing sanctions without the backing of multilateral organizations reveals Washington's disregard for the rules of the international system, which have been replaced by a unipolar order based on force and arbitrariness.

Attack on Brazil: Reject the interference!

The application of the Magnitsky Act against Brazilian Supreme Court Justice Alexandre de Moraes is an aggression and a scandal of unacceptable proportions, a direct affront to national sovereignty, the independence of the branches of government, and the democratic rule of law.

Applying this law against Brazil represents an explicit attempt to interfere in judicial decisions made within due process, decisions that should be the exclusive subject of debate and control within the Brazilian legal and institutional system. No foreign power has the authority to issue judgments or impose punishments on internal decisions of a country.

National dignity demands a firm response, rejecting any attempt to impose sanctions, political or judicial destabilization, and any foreign interference.

Our justice system can and should be debated and improved by Brazilians themselves, within democratic and constitutional rules, and not under the heel of extraterritorial laws of a decadent imperial power.

A global struggle

The Magnitsky Act, as a legal expression of contemporary imperialism, must be vigorously denounced by all peoples who love peace, self-determination, and international law. Its use against Brazil offends the country and sets a very serious precedent that threatens all nation-states in the world that wish to forge their own paths, free from American dictates.

It is time to reaffirm sovereignty, strengthen multilateralism, denounce unilateral sanctions, and demand an end to imperialist policies of coercion. No nation is free while another holds the power to punish it based on laws that only serve domination.

We are not a protectorate. We are not a colony. We are not a backyard. We are a sovereign nation. And sovereignty is not negotiable.