The administration of Donald Trump is weighing new sanctions on Brazilian officials amid the crisis at the STF, Brazil's Supreme Federal Court, and already has measures drafted for possible adoption, according to a senior State Department official quoted by Folha de S.Paulo. Justice Alexandre de Moraes is among the names being watched by Washington.
The official told Folha that the measures are more than just under consideration: they have been drafted, and the Trump administration is ready to move forward with imposing them. Washington is also examining the conduct of other members of the court beyond Moraes.
The Sept. 15 session is on Washington's radar
The extraordinary session scheduled for Tuesday, Sept. 15, is seen by the US government as an important moment in its assessment. On that date, STF President Edson Fachin has convened the full bench to decide on a Federal Police report that identifies Moraes as an interlocutor of former banker Daniel Vorcaro, the owner of Banco Master. The ruling could open an investigation against the justice or annul the report, which contains messages attributed to both men.
According to the official quoted by Folha, Washington will watch the justices' statements and votes at the session, seen as a key point in deciding next steps. The State Department is weighing a range of instruments to impose consequences and may turn to the Treasury for the sanctions. That opens the possibility of a new use of the Magnitsky Act, a US financial sanctions law administered by the Treasury Department against foreign officials.
In mid-August, before the Banco Master crisis broke, the Financial Times had already reported that measures against Moraes were regaining momentum, Folha notes. The trigger cited was the search and seizure operations the justice authorized against sources of journalist Luís Pablo, from the state of Maranhão, who had published articles about Justice Flávio Dino.
The crisis inside the court
The crisis has gripped the STF for weeks, after the release of a Federal Police report with messages attributed to Vorcaro that mention Moraes. Justice André Mendonça lifted the secrecy on the document. On Thursday, Fachin handed the full case file to the justices' chambers for review ahead of Tuesday's session, according to InfoMoney.
Fachin addressed the crisis at an event at the Planalto Palace, the presidential offices. He said the response will be "firme e rigorosa" (firm and rigorous), without "precipitation", and that the gravity of the facts does not allow shortcuts.
Institutions must be preserved, above all in moments of greatest tension. No authority is above the Constitution. No branch of government is above the law.
The next step comes on Tuesday, Sept. 15, when the full court decides between opening an investigation against Moraes or annulling the police report. The justices' votes will also be watched by Washington as a reference for its next moves on sanctions.