Understand what Magnitsky law is the US government has announced punishments against Minister Alexandre de Moraes of the Federal Supreme Court, based on magnitsky law. Sanctions, released on Wednesday (30), can make Moraes access to a series of financial and technological services. ✅ Click here to follow the G1 international news channel on WhatsApp ▶ ️ Magnitsky law allows the United States to punish foreign citizens accused of serious human rights violations or large -scale corruption. According to regulation published by the US government in 2024, Magnitsky’s targets have their goods in the United States blocked and are prohibited from entering the country. In addition, US companies and citizens cannot provide services or perform financial transactions with people punished by this law. Experts often classify the measure as a “financial death penalty.” If sanctions are disrespected, everyone involved can be penalized by the US government, including US companies and citizens. G1 G1 has heard experts to understand how sanctions can affect Moraes’s daily life. Although not yet totally clear as restrictions will be applied in practice, the minister may face difficulties in maintaining credit cards or accessing basic technology services, such as email accounts and social networks. Gustavo Ribeiro, law professor at American University Washington College of Law and director of the Brazil-United States and Judicial Studies Program, classifies the measure as very serious. Clovis Alberto Bertolini, a state lawyer and doctor of law from the Federal University of Paraná (UFPR), explains that companies of American origin are prevented from relating to Moraes. In this report you will see: Moraes will lose access to credit cards? Can the minister keep an account with Brazilian banks with connection with the American system? Does the sanction only affect goods in the US or also in Brazil? Can Moraes use social networks and digital services? Can the minister travel outside Brazil? 1. Will Moraes lose access to credit cards? STF Minister Alexandre de Moraes is the target of financial sanctions from the Trump Ton Molina/STF Sim, it is possible. The law prohibits financial institutions to maintain credit contracts with punished persons, which includes credit cards, debit and other forms of financing. With this, Moraes can lose access to cards with flags from American companies such as Visa, Mastercard and American Express. “If there is an interbank transaction related to the use of the US card, the company can be punished, as it was in other cases. This may lead to prevent transactions,” explains Gustavo Ribeiro. Return to the beginning. 2. Can the minister keep an account with Brazilian banks with connection with the American system? ATM Adobe Stock Bank Bank Bank branch depends. G1 columnist Ana Flor has learned with financial sector experts that banks from any country that maintain accounts or cards for people punished by magnitsky law may be the target of sanctions. Thus, the risk also extends to Brazilian banks, including public, who have an office in the United States and act on exchange operations. Clovis Alberto Bertolini recalls that several Brazilian banks have operations there. To avoid risks, these companies could, to the limit, choose to end their relationship with the minister. “All companies that have American origin or relate directly to the US are prevented from doing business with the minister,” he says. Gustavo Ribeiro adds that companies outside the American jurisdiction may also eventually be punished if they are considered to be “support” to the target of the measure. According to him, however, this type of penalty would be extreme and unusual. Punishments, according to Ribeiro, are fines, suspension of licenses and even the opening of a criminal case. Return to the beginning. 3. Does the sanction affect only goods in the US or also in Brazil? File Photo: Alexandre de Moraes on February 1, 2023. Rosinei Coutinho/SCO/STF depends. The law determines the blockade of everything in the name of the minister in the United States – or under the control of US companies or citizens. This includes, for example, companies where Moraes has 50% or more participation. If a good is in Brazil and has no connection with US people or institutions, it should not be affected. On the other hand, if a good is under the control of an American financial institution, even if it is in a branch in Brazil, the block can be applied. According to the column of journalist Miriam Leitão in the newspaper O Globo, Moraes has no accounts or goods in the US. Return to the beginning. 4. Can Moraes use pix, social networks and digital services? Cell phone with social networks Hello I’m nik / unsplash depends. Pix, being a Brazilian system, is not directly subject to US sanctions – so Moraes should continue to use. But in general, it is prohibited from making any transfer to US citizens or companies. This includes, for example, an American who lives in Brazil or a naturalized Brazilian who lives in the United States and has a pix key. In the case of social networks and digital services, the situation complicates. Clovis Alberto Bertolini explains that Magnitsky Law also applies to technology companies. This includes giants like Google, Microsoft, Apple, Meta and Amazon. “This also applies to payment platforms such as PayPal, hosting services, cloud and domain such as AWS, Azure, Google Drive, and social networks like Instagram, Facebook, X and Youtube,” he says. In practice, Moraes can be restricted to access these platforms, creating email accounts, or signing streaming services, for example. Gustavo Ribeiro recalls that, in theory, the provision of any type of service is prohibited – with specific exceptions, as legal or medical advice. But he points out that practical application will depend on how rigorous the US government will be in this case. Return to the beginning. 5. Can the minister travel outside Brazil? American Eagle plane, a subsidiary of American Airlines Disclosure/Embraer in practice, yes – as long as it is not for the United States. Moraes is forbidden to enter the country because he had a visa revoked. Clovis Alberto Bertolini recalls that some airlines are headquartered or operations in the US. Because magnitsky law can also reach foreign companies with a presence in the United States, the STF minister may eventually face restrictions in this regard. Still, the lawyer evaluates that the measures provided by law are more focused on financial institutions, and sanctions are applied by the US Treasury Department. Return to the beginning. 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Credit Card, Email and Social Networks: How the Magnitsky Law can impact Alexandre de Moraes’s life
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