American lawyer Martin De Luca, representative of the Rumble platform and Trump Media – the company of the President of the United States, Donald Trump – accused the Brazilian government of obstructing the judicial notification of Minister Alexandre de Moraes, of the Federal Supreme Court (STF), in a case that is being processed in the Federal Court of Florida. The complaint was made this Tuesday (14), after the Superior Court of Justice (STJ) kept the request for summons sent by the United States confidential.
In a publication on the X network, the lawyer stated that “the Brazilian authorities are blocking the judicial summons of Alexandre de Moraes”. According to him, “a routine formality – the submission of court documents under the Hague Convention – is being treated as a mortal danger.” The case involves the action filed in the USA by Rumble and Truth Social (Trump’s social network), which seek to hold Moraes responsible for decisions considered abusive and contrary to freedom of expression.
De Luca explained that the North American court sent, back in July, a formal request to the Brazilian Judiciary for Moraes to be notified of the action.
“Instead of processing the request, the STJ placed the case under secrecy, sent it to the Attorney General’s Office (PGR) for an opinion and paralyzed it for months. The PGR just issued its opinion and… it is secret”, he reported.
The lawyer argues that Brazil is failing to comply with its international obligations under the Hague Convention, to which the country has been a signatory since 2019. The treaty establishes that requests for summons from another country must be executed “expeditiously”, without political interference.
“There is no legal basis for secrecy and no role for prosecutors or the Executive. But, in this case, Moraes’ allies are treating a simple judicial notification as if it were a threat to national security,” he wrote.
According to an investigation by the CNN Brazilthe request for summons to Moraes reached the STJ on August 15 and is currently under analysis by the president of the court, minister Herman Benjamin, who is responsible for deciding whether or not to authorize the “execution” – authorization for the summons to take place. If granted, Moraes may be officially summoned by a designated judge. Otherwise, the court may consider the action unfounded, preventing the notification from continuing.
The newspaper The Globe revealed that the case was forwarded to the PGR at the request of the Attorney General’s Office (AGU) and has been processed under judicial secrecy since September 29th. Lawyer Martin De Luca criticized the measure in an interview with the newspaper.
In his post this Tuesday, De Luca asked American authorities to demand explanations from the Brazilian government. In the publication, he tagged Secretary of State Marco Rubio and the US Deputy Secretary of State, stating that “these actions demonstrate how the Rule of Law was deeply compromised in Brazilian institutions to protect a man accused of violating constitutional rights on American soil, attacking United States companies and criminalizing dissent”.
