Brazil’s Supreme Court has ruled that foreign laws and judicial decisions cannot automatically take effect within the country, a move that immediately drew criticism from the United States. The ruling was issued on August 18, by Justice Flavio Dino in response to a petition from the Brazilian mining industry.
Mining lobby behind the case
The decision stemmed from a request by the Brazilian Mining Association (Ibram), which raised concerns about lawsuits filed in foreign courts seeking compensation for mining disasters in Brazil. These include the 2015 Mariana dam collapse and the 2019 Brumadinho disaster, both of which caused devastating loss of life and environmental damage.
The court emphasised that compensation claims linked to these cases should fall under Brazilian jurisdiction unless formally recognised by domestic legal institutions.
Wider political context
While prompted by mining disputes, the ruling comes against a politically charged backdrop. Tensions between Brasília and Washington have grown since the United States imposed sanctions on Brazilian Supreme Court Justice Alexandre de Moraes, who is overseeing the case of former President Jair Bolsonaro. The U.S. accused him of arbitrary detentions and restricting freedom of expression.
Bolsonaro, a close ally of former U.S. President Donald Trump, is currently on trial for allegedly plotting to overturn the 2022 election results. Trade relations have also suffered, with U.S. tariffs on Brazilian imports framed by Trump as retaliation against what he labelled a «witch hunt» targeting Bolsonaro.
Statement from the court
In its announcement, the Supreme Court clarified that Justice Dino had «suspended the effectiveness of judicial decisions, laws, decrees and executive orders of foreign states in our country that have not been incorporated or obtained the assent of the sovereign bodies under Brazil’s Constitution and laws.»
Although the ruling directly applies to claims tied to the Mariana and Brumadinho accidents, the court noted that the legal reasoning extends to other similar cases, setting a precedent with possible diplomatic consequences.
U.S. response
The reaction from Washington was swift. The U.S. State Department’s Bureau of Western Hemisphere Affairs stated on social media:
«No foreign court can invalidate United States sanctions — or spare anyone from the steep consequences of violating them.»
It further warned that while U.S. citizens are prohibited from dealing with Justice Moraes, individuals in other countries «should tread carefully.»
The decision is expected to fuel both legal challenges and political debate, particularly over the balance between national sovereignty, international litigation and the reach of U.S. sanctions.
