Alexandre de Moraes (Brazilian Portuguese: [aleˈʃɐ̃dɾi dʒi moˈɾajs]; born 13 December 1968) is a Brazilian jurist, currently serving as president of the Superior Electoral Court and as a justice of the Supreme Federal Court.
Alexandre de Moraes | |
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![]() Moraes in 2022 | |
Justice of the Supreme Federal Court | |
Assumed office 22 March 2017 | |
Appointed by | Michel Temer |
Preceded by | Teori Zavascki |
President of the Superior Electoral Court | |
In office 16 August 2022 – 3 June 2024 | |
Vice President | Ricardo Lewandowski |
Preceded by | Edson Fachin |
Succeeded by | Cármen Lúcia |
Minister of Justice and Citizenship | |
In office 12 May 2016 – 22 February 2017[a] | |
President | Michel Temer |
Preceded by | Eugênio Aragão |
Succeeded by | José Levi do Amaral (acting) |
Other judicial positions | |
2022 | Vice President of the Superior Electoral Court |
2020–2024 | Effective Justice of the Superior Electoral Court |
2017–2020 | Substitute Justice of the Superior Electoral Court |
2005–2007 | Counselor of the National Justice Council |
Other political positions | |
2015–2016 | Secretary of Public Security of the State of São Paulo |
2007–2010 | Secretary of Transports of the Municipality of São Paulo |
2002–2005 | Secretary of Justice of the State of São Paulo |
Personal details | |
Born | São Paulo, São Paulo, Brazil | 13 December 1968
Political party | PSDB (2015–2017) |
Spouse | Viviane Barci de Moraes |
Alma mater | University of São Paulo (LLB, PhD) |
De Moraes was appointed to the Supreme Court by President Michel Temer in 2017 when serving as Minister of Justice and Public Security.[2] Previously Justice Moraes acted as Secretary for Public Security in the State of São Paulo and had been a member of the Brazilian Public Prosecutor's Office.[3] De Moraes's presidency of Brazil's Superior Electoral Court and certain actions he took during the 2022 Brazilian general election has made him the target of several false conspiracy theories by former President Jair Bolsonaro and his supporters.[4] After the 2023 Brazilian Congress attack, de Moraes ordered several judicial actions to maintain Brazil's democratic rule.[5]
Life
Married, with three children, Alexandre de Moraes studied at the Law Faculty of the University of São Paulo, graduating in 1990.[6]
De Moraes is an associate professor of the Law School, University of São Paulo (USP). He received a doctorate in State Law from the same university under the supervision of professor Dalmo Dallari, with a thesis about constitutional jurisdiction.[7]
He was a member of the Brazilian Social Democracy Party (PSDB). In 2002, he was appointed Secretary of Public Security of the State of São Paulo.[6] His management was controversial: he was accused of covering up police violence. One out of every four homicides in the city of São Paulo was committed by the police. In addition, Alexandre de Moraes sent armoured vehicles to suppress left-wing demonstrations.[8]
At the beginning of 2016, he was called upon by Michel Temer. The latter was living under the threat of a hacker who had hacked into the cell phone of his wife, Marcela Temer, and demanded 300,000 reais under penalty of releasing compromising information and photos. Alexandre de Moraes quickly mobilized his police force, assembled a team of 33 investigators and arrested the blackmailer.[8]
Alexandre de Moraes assumed office on 22 March 2017. As minister, he claims to defend a policy of "zero tolerance". He denounced the alleged "criminal attitudes" of leftist movements and justified police violence. He was at the centre of another controversy when the Brazilian newspaper Estadão published an investigation claiming that he had intervened to defend the Transcooper cooperative, suspected of being linked to Brazil's main drug trafficking group, the First Command of the Capital (PCC), which he denied.[6]
On 10 June 2020, de Moraes – in response to a legal challenge from three political parties – said the health ministry must "fully re-establish the daily divulgation of epidemiological data on the Covid-19 pandemic", including on its website: «Mr Moraes gave President Jair Bolsonaro's government 48 hours to release the full figures again».[9]
On 16 August 2022, de Moraes was elected as the presiding justice of the Superior Electoral Court, in a public ceremony with 2000 guests at the court auditorium. The justice Ricardo Lewandowski took place as his vice-president on duty.[10][11][12]
2020 Brazil Judiciary fake news inquiry
In April 2019, the Supreme Federal Court president Dias Toffoli, a former legal representative for the Workers' Party (PT) in the presidential campaigns of Luiz Inácio Lula da Silva in 1998, 2002 and 2006,[13] launched an inquiry to investigate personal attacks and statements against court members. Moraes was chosen as its rapporteur.[14] That month, Crusoé magazine reported that a document from Operation Car Wash revealed that then-Solicitor General Toffoli was also involved in the Odebrecht scandal,[15][16][17][18][19][20] according to the company's former chairman Marcelo Odebrecht.
On 15 April, de Moraes ordered that Crusoé take down the article from their website. Toffoli himself later requested a probe into whether Crusoé illegally leaked the document. The Court's decision on the matter was criticized by outlets such as The Intercept on the basis of censorship and attack on the freedom of the press.[21][22]
On 27 May 2020, as part of that same inquiry, the Federal Police launched an operation probing businessmen, bloggers and politicians allied to President Jair Bolsonaro.[23]
On 19 March 2022, de Moraes ordered the suspension of the messaging app Telegram, accusing it of repeatedly failing to block accounts spreading disinformation, and ignoring previous court decisions. President Bolsonaro called the ruling "inadmissible", while Telegram founder Pavel Durov blamed the company's failings on email issues, pledging to do a better job.[24]
In October 2022, the Superior Electoral Court gave de Moraes the unilateral authority to order the removal of online content that did not comply with previous TSE rulings, as part of an effort to combat disinformation. Bolsonaro supporters and legal experts criticized the move, fearing that it could allow for censorship. De Moraes cited the proliferation of false information and hate speech when initially proposing the move to the Superior Electoral Court.[25]
On 30 October 2022, during the second round of the presidential election between Jair Bolsonaro and Luiz Inácio Lula da Silva, hundreds of roadblocks set up by the Federal Highway Police (PRF), under orders from the government, prevented voters from going to the polls in the Nordeste region of Brazil. de Moraes summoned the director of the PRF, Silvinei Vasques, and threatened him with imprisonment if he did not lift the blockades.[8]
2023 Brazilian Congress Attack
Shortly after the 2023 Brazilian Congress Attack, de Moraes ordered the arrest of the former commander of the Military Police of the Federal District, Fabio Augusto Vieira, the former secretary of Public Security of the Federal District and former Justice Minister, Anderson Torres, and enacted a federal interference for the removal of the Governor of the Federal District Ibaneis Rocha.[26]
Criticism
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Several politicians, private sector, civil society members and medias accused de Moraes of practicing nepotism, political interference, of political repression, abusing of power and deploying a constitutional dictatorship.[27][28][29]
American journalist and lawyer Glenn Greenwald has criticized several decisions of de Moraes, accusing him of censorship and undermining freedom of speech.[30]
In 2023, The New York Times published a piece entitled "He Is Brazil’s Defender of Democracy. Is He Actually Good for Democracy?" The article questioned if the decisions of de Moraes were beneficial for democracy, and noted that he "has jailed people without trial for posting threats on social media; helped sentence a sitting congressman to nearly nine years in prison for threatening the court; ordered raids on businessmen with little evidence of wrongdoing; suspended an elected governor from his job; and unilaterally blocked dozens of accounts and thousands of posts on social media, with virtually no transparency or room for appeal."[5] Twitter owner Elon Musk, responding to Glenn Greenwald on Twitter, said de Moraes's moves were "extremely concerning", while Beatriz Rey, a political scientist at the State University of Rio de Janeiro, said de Moraes's approach, while not ideal, was necessary because other branches of government, especially the legislature, had not done their duty.[5]
In April 2024, de Moraes faced public backlash due to the Supreme Federal Court's order to block several X accounts, arguing combat of misinformation as the reason. X owner Elon Musk accused de Moraes of "brazenly and repeatedly betraying the constitution and people of Brazil", which in turn resulted in the Supreme Federal Court opening a criminal inquiry against Musk for spreading misinformation and alleged obstruction of investigations. The exchange has elicited mixed reactions both from Brazilian politicians as well as international netizens.[31][32][33][34] In August 2024, X's press service accused Moraes of threatening to arrest the social network's employees in Brazil for failing to comply with blocking orders. In response, X announced the closure of its representative office in the country. Access to X for Brazilian users will remain. Elon Musk again lashed out at the judge and proposed impeaching him.[35][36]
Political views
As a member of the Superior Electoral Court, Alexandre de Moraes refuses to express his political opinions publicly. He was previously known for his conservative views on economic issues and his support for tougher methods in fighting crime. He considers himself to be an advocate of liberal democracy. He is of the Catholic faith.[8]
See also
Notes
References
- ^ Chagas, Paulo Victor (22 February 2017). "Alexandre de Moraes é nomeado para o Supremo Tribunal Federal" (in Portuguese). Agência Brasil. Archived from the original on 30 June 2019. Retrieved 30 June 2019.
- ^ "Brazil Senate committee approves Temer pick for Supreme Court". Reuters. 21 February 2017. Archived from the original on 14 March 2023. Retrieved 13 March 2023.
- ^ "Conheça o currículo do ministro Alexandre de Moraes". Tribunal Superior Eleitoral. 11 August 2022. Archived from the original on 27 October 2022. Retrieved 13 March 2023.
- ^ "On Eve of Election, Bolsonaro's Party Attacks Brazil's Voting Systems". The New York Times. 29 September 2022. Archived from the original on 13 March 2023. Retrieved 13 March 2023.
- ^ a b c Nicas, Jack (22 January 2023). "He Is Brazil's Defender of Democracy. Is He Actually Good for Democracy?". The New York Times. Retrieved 27 March 2023.
- ^ a b c "Brésil : Le juge Alexandre de Moraes, bête noire de Bolsonaro". Le Monde.fr. 15 October 2021. Archived from the original on 12 November 2021. Retrieved 12 November 2021.
- ^ Moraes, Alexandre de; Dallari, Dalmo de Abreu (2000). "Jurisdição constitucional e tribunais constitucionais: garantia suprema da Constituição" (in Brazilian Portuguese).
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: Cite journal requires|journal=
(help) - ^ a b c d "Alexandre de Moraes, the Brazilian judge on Jair Bolsonaro's trail". Le Monde.fr. 5 April 2023.
- ^ Coronavirus: Brazil resumes publishing Covid-19 data after court ruling, BBC news, 11 June 2020 Archived 16 November 2020 at the Wayback Machine.
- ^ "Ministro Alexandre de Moraes toma posse como presidente do TSE". Agência Brasil (in Portuguese). 16 August 2022. Archived from the original on 17 August 2022. Retrieved 17 August 2022.
- ^ "'Black box' found after plane crash killed Brazil judge". Reuters. 20 January 2017. Archived from the original on 11 November 2022. Retrieved 11 November 2022.
- ^ "Operation Car Wash: The biggest corruption scandal ever?". the Guardian. 1 June 2017. Archived from the original on 11 November 2022. Retrieved 11 November 2022.
- ^ "'PT é página virada', diz ministro Dias Toffoli antes de assumir o TSE". O Globo (in Brazilian Portuguese). 13 May 2014. Archived from the original on 8 November 2022. Retrieved 8 November 2022.
- ^ "Entenda o inquérito do Supremo que investiga ameaças à Corte e veja os pontos polêmicos". G1 (in Brazilian Portuguese). Archived from the original on 14 June 2020. Retrieved 18 June 2020.
- ^ ""Corrupção na Odebrecht é a mais organizada da história do capitalismo"". Exame (in Brazilian Portuguese). 20 September 2018. Archived from the original on 8 November 2022. Retrieved 8 November 2022.
- ^ BrasilBrasília, Gioconda (14 April 2017). "Delações da Odebrecht: entenda o maior escândalo de corrupção do país". Jornal Hoje (in Brazilian Portuguese). Archived from the original on 8 November 2022. Retrieved 8 November 2022.
- ^ Minas, Estado de (8 October 2019). "Odebrecht confirma propinas para o PT". Estado de Minas (in Brazilian Portuguese). Archived from the original on 8 November 2022. Retrieved 8 November 2022.
- ^ "O ocaso da Odebrecht – DW – 28/07/2020". dw.com (in Portuguese). Archived from the original on 8 November 2022. Retrieved 8 November 2022.
- ^ ICIJ (26 June 2019). "Vazamento expõe novos indícios de corrupção no caso Odebrecht". Poder360 (in Brazilian Portuguese). Archived from the original on 8 November 2022. Retrieved 8 November 2022.
- ^ "PF acusa Lula de corrupção por causa de doação da Odebrecht a Instituto". Consultor Jurídico (in Brazilian Portuguese). Archived from the original on 8 November 2022. Retrieved 8 November 2022.
- ^ Brasil, The Intercept (16 April 2019). "'O amigo do amigo de meu pai': publicamos a reportagem da Crusoé que o STF censurou". The Intercept. Archived from the original on 3 July 2020. Retrieved 19 June 2020.
- ^ Braziliense, Correio (19 April 2019). "'Não houve mordaça nem censura', diz Toffoli sobre tirar reportagem do ar". Correio Braziliense (in Brazilian Portuguese). Archived from the original on 19 April 2019. Retrieved 19 June 2020.
- ^ "Polícia Federal faz buscas em endereços de Roberto Jefferson, Luciano Hang e blogueiros". G1 (in Brazilian Portuguese). Archived from the original on 16 June 2020. Retrieved 18 June 2020.
- ^ Brito, Ricardo; Paraguassu, Lisandra (19 March 2022). "Brazil's Supreme Court suspends Telegram, a key Bolsonaro platform". Reuters. Archived from the original on 19 March 2022. Retrieved 20 March 2022.
- ^ "Brazil: Freedom in the World 2023 Country Report". Freedom House. Retrieved 25 March 2023.
- ^ "Glenn Greenwald questiona decisões de Moraes e é criticado nas redes sociais". CNN Brasil (in Brazilian Portuguese). Retrieved 25 March 2023.
- ^ ""Censura, ditadura e vergonha": bolsonaristas reagem a ação da PF". 27 May 0312. Archived from the original on 5 June 2020. Retrieved 27 May 2020.
- ^ "Advogado confronta Toffoli e Moraes durante sessão do STF: 'A pior ditadura é a do judiciário'". jusbrasil.com.br. 15 April 2019. Archived from the original on 9 February 2021. Retrieved 15 June 2020.
- ^ "STF governa ilegalmente o País e pune quem incomoda Moraes". Estadão (in Brazilian Portuguese). Archived from the original on 10 November 2022. Retrieved 10 November 2022.
- ^ Sestrem, Gabriel. "Após denunciar abusos de Moraes, Glenn Greenwald vira o alvo da vez da esquerda". Gazeta do Povo (in Brazilian Portuguese). Retrieved 25 March 2023.
- ^ Pearson, Samantha (8 April 2024). "Elon Musk Vows to Defy Brazil Order to Block Some X Accounts Amid Hate-Speech Clampdown". The Wall Street Journal. Retrieved 8 April 2024.
- ^ Sousa, Dayanne; Carvalho, Daniel (8 April 2024). "Brazil's Top Justice Opens Criminal Inquiry Against Elon Musk". Bloomberg. Retrieved 15 April 2024.
- ^ "Brazil Supreme Court justice investigating Elon Musk over fake news and alleged obstruction". The Indian Express. 8 April 2024. Retrieved 15 April 2024.
- ^ Masih, Niha; Paúl, María Luisa (8 April 2024). "Elon Musk challenges Brazilian judge over order to block X accounts". The Washington Post. Retrieved 15 April 2024.
- ^ "X Global Government Affairs Statement". Global Government Affairs. 17 August 2024.
- ^ Benedito, Luana Maria (17 August 2024). "X says it is closing operations in Brazil due to judge's content orders". Reuters. Retrieved 18 August 2024.