City Bar Statement of Concern over Actions Undermining Judicial Independence in Brazil

In a new statement, the New York City Bar Association expressed grave concern over recent actions taken by the United States Government that undermine the independence of Brazil’s judiciary. 

These actions include visa restrictions, financial sanctions under the Global Magnitsky Act, an increase in national tariffs against Brazil, and social media threats on Supreme Federal Court Justice Alexandre de Moraes and other judicial officials, in response to rulings related to the criminal prosecution of former president Jair Bolsonaro.

The City Bar calls for the immediate reversal of these measures, which amount to political retaliation for lawful judicial decisions. More broadly, the measures violate international standards on judicial independence and threaten the integrity of Brazil’s sovereignty and rule of law.

Summary

In July 2025, the U.S. Department of State imposed visa restrictions on Brazilian Supreme Federal Court Justice Alexandre de Moraes, several officials, and their families. The Department of the Treasury subsequently enacted additional sanctions, and an Executive Order imposed punitive tariffs on Brazilian imports.

Officials explicitly framed these measures as retaliation for judicial rulings. These rulings include​d t​​​he ​criminal prosecution of former president Jair Bolsonaro and others involved​ ​in broader actions connected to an attempted coup against democracy and the rule of law, including attacks on federal government buildings in Brazil’s capital in January 2023.

The statement concludes that these measures amount to improper political pressure and retaliation against judges for the content of their decisions. Such actions contravene international standards on judicial independence, including the United Nations Basic Principles on the Independence of the Judiciary and the jurisprudence of the Inter-American Court of Human Rights, which prohibits interference with or punishment of judges for carrying out their constitutional and legal duties.

In the statement, the City Bar expresses concern that such punitive actions against Brazilian judges could set a troubling precedent, fostering international political pressure that threatens judicial independence and discourages judges from handling politically sensitive cases. The measures “violate international standards on judicial independence, amount to political retaliation for lawful judicial decisions, and threaten the integrity of Brazil’s rule of law and sovereignty,” it says.

The City Bar “condemns this intrusion as an effort to undermine Brazil’s rule of law and national sovereignty. We call for the immediate reversal of these visa restrictions and sanctions. We further urge full respect for the autonomy of Brazil’s judiciary, in line with established international principles that protect judges from intimidation, persecution, or retaliation.”

The City Bar also encourages “all relevant authorities and international bodies to ensure that Brazil’s judiciary can carry out its constitutional duties effectively, impartially, and without fear of reprisal.”

The City Bar’s Task Force on the Independence of Lawyers and Judges also signed on to the statement.

Read the full statement here:

Statement Expressing Concerns Over Actions Undermining Judicial Independence In Brazil