Brazil's Top Court Rebuffs U.S. Tariffs, Cites Constitution as Sole Authority

Brazil's Supreme Federal Court (STF) has firmly rejected the U.S. government's justification for imposing a 25% tariff on Brazilian products. The STF president, Edson Fachin, issued a statement on Thursday refuting claims by the U.S. Trade Representative's Office (USTR) that "secret court orders" from Brazilian courts, specifically referencing the STF, were a basis for the tariffs.

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The respect for judicial independence is an inescapable parameter guiding relations between sovereign states and their institutions. The Supreme Federal Court respects the autonomy of the institutions of all nations and expects equal respect for the institutions of the Federative Republic of Brazil.

In its response, the STF asserted that it is bound solely by the Brazilian Constitution. "The respect for judicial independence is an inescapable parameter guiding relations between sovereign states and their institutions," Fachin stated. He emphasized that the STF respects the autonomy of all nations' institutions and expects the same in return for Brazil's institutions. The court maintains that disagreements between nations should be resolved through diplomatic channels and international law, not through actions perceived as attempts to pressure judicial functions.

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disagreements between states must be conducted through diplomatic channels and the mechanisms of International Law, never through initiatives that could be interpreted as a form of constraint on the exercise of constitutional jurisdiction.

The U.S. had alleged that Brazilian courts issued "secret orders" compelling platforms like Meta, Google, and X to remove political content and accounts belonging to U.S. residents. The STF, particularly through Justice Alexandre de Moraes's rulings, has increasingly ordered the removal of content spreading disinformation and hate speech, viewing such actions as necessary to protect democracy under the Brazilian Constitution. The U.S. government also pointed to decisions like the annulment of Odebrecht evidence and the renegotiation of Lava Jato leniency agreements as reasons for the tariffs, citing a failure to combat corruption.

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The Supreme Federal Court reaffirms that it exercises its powers exclusively by virtue of the Constitution of the Federative Republic of Brazil. Its decisions are public, reasoned, and subject solely to the rule of the Brazilian Constitution and laws.

Fachin reiterated that the STF operates exclusively within the framework of the Brazilian Constitution, with all decisions being public and based on Brazilian law. He concluded by affirming the STF's commitment to performing its duties without external influence, pressure, or conditions, focusing on preserving the constitutional order, separation of powers, democracy, and the rule of law.

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The Supreme Federal Court reaffirms that it exercises its powers exclusively by virtue of the Constitution of the Federative Republic of Brazil. Its decisions are public, reasoned, and subject solely to the rule of the Brazilian Constitution and laws.