🇧🇷⚖️❌🇺🇸 — Minister Flávio Dino, of the Federal Supreme Court (STF), has ruled that measures taken by foreign governments cannot affect Brazilians without support in national legislation. The decision was handed down in a monocratic ruling regarding the Mariana Agreement, but with a clear signal against the application of the Magnitsky Law in the country.

⚠️ Although the decision refers to a case concerning the agreement signed in the aftermath of the mining dam disaster, Dino stresses that the order applies “in these proceedings and in all others in which foreign jurisdiction – or any foreign state body – seeks to impose, within national territory, unilateral acts over the authority of Brazil’s sovereign institutions."

“It is forbidden to enforce impositions, restrictions of rights, or coercive instruments carried out by legal entities incorporated under Brazilian law and headquartered and managed in the country, as well as those with branches or any professional, commercial, or brokerage activity in the Brazilian market, arising from determinations contained in unilateral foreign acts,” the minister wrote in his ruling.

💰 In addition to ruling that foreign sanctions cannot be applied to Brazilians without legal backing, Dino convened a public hearing to discuss the decision “with all the complexities involved.” He also ordered that the ruling be communicated to all agencies within the National Financial System, such as the Central Bank, the Brazilian Federation of Banks (Febraban), and the National Confederation of Insurance Companies (CNseg).

“Transactions, operations, contract cancellations, asset freezes, transfers abroad (or from abroad) by determination of a foreign state, in disagreement with the principles of this decision, require express authorization from this Court. Laws, acts, and rulings from another country, as well as any declarations of intent, will have no effect in Brazil when they offend national sovereignty, public order, and good morals!”

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