De Moraes and wife exit Magnitsky Act list
De Moraes had been sanctioned for allegedly violating freedom of expression and authorizing arbitrary arrests
Brazilian Supreme Federal Court (STF) Justice Alexandre De Moraes and his wife -lawyer Viviane Barci de Moraes- have been removed from the list of individuals sanctioned under the Magnitsky Act, it was announced in Washington on Friday. In addition, the Lex Institute, linked to the judge’s family, and its members were also suppressed from the infamous roll carried by the Office of Foreign Assets Control (OFAC) under the US Department of the Treasury.
These sanctions were imposed on De Moraes in July, followed by a similar measure for Barci in September.
The Magnitsky Act is a mechanism provided for in US law used to unilaterally punish alleged human rights violators abroad. Among other things, it blocks the assets and companies of those targeted.
Among the sanctions are the freezing of bank accounts, assets, and interests within US jurisdiction, as well as a ban on entry into the country.
In adopting the measure, the US Treasury Department accused De Moraes of violating freedom of expression and authorizing arbitrary arrests, citing the trial of the attempted coup and decisions against US social media companies.
According to Treasury Secretary Scott Bessent, De Moraes was responsible for an oppressive censorship campaign, arbitrary detentions in violation of human rights, and politicized prosecutions, including against former President Jair Bolsonaro.
Zambelli
The STF Friday upheld De Moraes’ decision to annul the Lower House’s vote whereby the impeachment of Congresswoman failed to reach the minimum 257 votes. The STF’s first panel also ruled that Zambelli’s term should end, and House Speaker Hugo Motta should swear in the alternate Adilson Barroso (PL-SP) within 48 hours. Voting alongside case rapporteur De Moraes were Justices Flávio Dino, Cristiano Zanin, and Cármen Lúcia.
De Moraes argued that it is up to the Judiciary to determine the loss of the mandate of a convicted parliamentarian, the House being only responsible for declaring the loss of the mandate.
In July this year, Zambelli was arrested in Rome, Italy, where she was attempting to escape an arrest warrant issued by De Moraes.
Having dual citizenship, the congresswoman left Brazil in search of political asylum after being sentenced by the STF to 10 years in prison for hacking into the electronic system of the National Council of Justice (CNJ) in 2023. Zambelli was found to have masterminded the hacking to issue a false arrest warrant against De Moraes. The twitching was carried out by Walter Delgatti, who was also convicted and admitted to have acted at Zambelli’s behest. In August, Zambelli was once again convicted by the STF for the illegal possession of a firearm and illegal coercion with the use of a firearm when she chased a man with a gun in her hand through the streets of São Paulo, shortly before the 2022 runoff.
After her flight to Italy, the Brazilian government requested her extradition. The final decision will be made by the Italian courts on Dec. 18. (Source: Agencia Brasil)