Alexandre de Moraes

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Alexandre de Moraes
Justice of the Supreme Federal Court
Assumed office
22 March 2017
Appointed byMichel Temer
Preceded byTeori Zavascki
President of the Superior Electoral Court
Assumed office
16 August 2022
Vice PresidentRicardo Lewandowski
Preceded byEdson Fachin
Minister of Justice
In office
12 May 2016 – 22 February 2017[a]
PresidentMichel Temer
Preceded byEugênio Aragão
Succeeded byJosé Levi do Amaral (acting)
Other judicial positions
2022Vice President of the Superior Electoral Court
2020–presentEffective Justice of the Superior Electoral Court
2017–2020Substitute Justice of the Superior Electoral Court
2005–2007Counselor of the National Justice Council
Other political positions
2015–2016Secretary of Public Security of the State of São Paulo
2007–2010Secretary of Transports of the Municipality of São Paulo
2002–2005Secretary of Justice of the State of São Paulo
Personal details
Born (1968-12-13) 13 December 1968 (age 55)
São Paulo, São Paulo, Brazil
Political partyPSDB (2015–2017)
SpouseViviane Barci de Moraes
Alma materUniversity of São Paulo (LLB, PhD)

Alexandre de Moraes (Brazilian Portuguese: [aleˈʃɐ̃dɾi dʒi moˈɾajs]; born 13 December 1968 in São Paulo) is a Brazilian jurist, currently serving as president of the Superior Electoral Court and as a justice of the Supreme Federal Court.

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 allegations and criticisms 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]

Alexandre de Moraes has been involved in several corruption related scandals,[9][10] Alexandre de Moraes is suspected of receiving $4 million[11][12][13][14][15][16][17] from a company that was part of the nation's largest graft scheme investigated by the Federal Police.[9][10][11][18][19][20] Despite several corruption allegations and controversies[9][11][10][21][16] De Moraes was nominated minister of the Supreme Federal Court by president Michel Temer on 22 February 2017,[16] succeeding minister Teori Zavascki, who was killed on 19 January 2017 in a plane crash,[22] while overseeing the investigation of politicians linked to the nation's largest graft scheme.[23][16]

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».[24]

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.[25][26][19]

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,[27] launched an inquiry to investigate personal attacks and statements against court members. Moraes was chosen as its rapporteur.[28] 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,[29][30][31][32][33][34] 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.[35][36]

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.[37]

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.[38]

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.[39]

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[40]

Criticism

Several politicians (liberals and conservatives), 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.[41][42][43][44]

American journalist and lawyer Glenn Greenwald has criticized several decisions of de Moraes, accusing him of censorship and undermining freedom of speech.[45] He has criticized the extension of the power given to him to unilaterally regulate, investigate and punish alleged fake news and attacks on democracy.

"Is there now, or has there ever been, a modern democracy where a single judge wields the power that Alexandre de Moraes does in Brazil? I can't think of any example that even comes close."

Glenn Greenwald in a social media post January 10, 2023[46]

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."[47] Twitter owner Elon Musk, responding to Glenn Greenwald on Twitter, said de Moraes's moves were "extremely concerning."

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.[47]

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 is also an advocate of liberal democracy. He is of Catholic faith.[8]

See also

Notes

  1. ^ Discharged from 7 February 2017 to 22 February 2017[1]

References

  1. ^ Chagas, Paulo Victor (22 February 2017). "Alexandre "Xandão" 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.
  2. ^ "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.
  3. ^ "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.
  4. ^ "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.
  5. ^ "He Is Brazil's Defender of Democracy. Is He Actually Good for Democracy?". New York Times. 22 January 2023. Archived from the original on 21 February 2023. Retrieved 21 February 2023.
  6. ^ 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.
  7. ^ Moraes, Alexandre de; Dallari, Dalmo de Abreu (2000). "Jurisdição constitucional e tribunais constitucionais: garantia suprema da Constituição" (in Brazilian Portuguese). {{cite journal}}: Cite journal requires |journal= (help)
  8. ^ a b c d "Alexandre de Moraes, the Brazilian judge on Jair Bolsonaro's trail". Le Monde.fr. 5 April 2023.
  9. ^ a b c de 2016, João FilhoJoão Filho2 de Outubro; 13h16 (2 October 2016). "As trapalhadas de Alexandre de Moraes no governo das aparências". The Intercept Brasil (in Portuguese). Archived from the original on 8 November 2022. Retrieved 8 November 2022.{{cite web}}: CS1 maint: numeric names: authors list (link)
  10. ^ a b c "Relembre dez controvérsias envolvendo Moraes, indicado ao STF". VEJA (in Brazilian Portuguese). Archived from the original on 8 November 2022. Retrieved 8 November 2022.
  11. ^ a b c Alexandre de Moraes é suspeito de receber R$ 4 milhões de empresa investigada pela PF, archived from the original on 8 November 2022, retrieved 8 November 2022
  12. ^ "Alexandre de Moraes recebeu R$ 4 milhões de empresa alvo da Acrônimo". Valor Econômico (in Brazilian Portuguese). Archived from the original on 11 November 2022. Retrieved 11 November 2022.
  13. ^ "Continue lendo com acesso ilimitado". www1.folha.uol.com.br. Archived from the original on 11 November 2022. Retrieved 11 November 2022.
  14. ^ GGN, Jornal (22 February 2017). "Repasse de R$ 4 milhões a Moraes é abafado na sabatina, com ajuda de Fux". Rede Brasil Atual (in Brazilian Portuguese). Archived from the original on 11 November 2022. Retrieved 11 November 2022.
  15. ^ "Ministro da Justiça recebeu R$ 4 milhões de empresa alvo da Acrônimo". GZH (in Brazilian Portuguese). 8 October 2016. Archived from the original on 11 November 2022. Retrieved 11 November 2022.
  16. ^ a b c d "Brazil's Temer taps political ally for top court amid graft probe". Reuters. 6 February 2017. Archived from the original on 11 November 2022. Retrieved 11 November 2022.
  17. ^ Batista, Micael (6 November 2022). "Em 2011, Alexandre de Moraes recebeu R$ 4 mi de empresa alvo da PF e planilha continha a sigla "PT"". BR104 - Portal de notícias (in Brazilian Portuguese). Archived from the original on 11 November 2022. Retrieved 11 November 2022.
  18. ^ "Conheça a Linha do tempo — Caso Lava Jato". www.mpf.mp.br. Archived from the original on 11 November 2022. Retrieved 11 November 2022.
  19. ^ a b "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.
  20. ^ Batista, Micael (6 November 2022). "Em 2011, Alexandre de Moraes recebeu R$ 4 mi de empresa alvo da PF e planilha continha a sigla "PT"". BR104 - Portal de notícias (in Brazilian Portuguese). Archived from the original on 11 November 2022. Retrieved 11 November 2022.
  21. ^ GGN, Jornal (22 February 2017). "Repasse de R$ 4 milhões a Moraes é abafado na sabatina, com ajuda de Fux". Rede Brasil Atual (in Brazilian Portuguese). Archived from the original on 11 November 2022. Retrieved 11 November 2022.
  22. ^ Renan Ramalho (22 February 2017). "Alexandre de Moraes toma posse no próximo dia 22 de março, informa STF" (in Brazilian Portuguese). G1. Archived from the original on 19 October 2020. Retrieved 16 March 2017.
  23. ^ "Funeral of major graft probe judge killed in plane crash". Reuters. 21 January 2017. Archived from the original on 8 November 2022. Retrieved 8 November 2022.
  24. ^ Coronavirus: Brazil resumes publishing Covid-19 data after court ruling, BBC news, 11 June 2020 Archived 16 November 2020 at the Wayback Machine.
  25. ^ "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.
  26. ^ "'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.
  27. ^ "'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.
  28. ^ "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.
  29. ^ ""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.
  30. ^ 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.
  31. ^ 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.
  32. ^ "O ocaso da Odebrecht – DW – 28/07/2020". dw.com (in Portuguese). Archived from the original on 8 November 2022. Retrieved 8 November 2022.
  33. ^ 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.
  34. ^ "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.
  35. ^ 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.
  36. ^ 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.
  37. ^ "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.
  38. ^ 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.
  39. ^ "Brazil: Freedom in the World 2023 Country Report". Freedom House. Retrieved 25 March 2023.
  40. ^ "Glenn Greenwald questiona decisões de Moraes e é criticado nas redes sociais". CNN Brasil (in Brazilian Portuguese). Retrieved 25 March 2023.
  41. ^ "STF quer legislar e governar ao mesmo tempo". 9 June 2020. Archived from the original on 20 June 2020. Retrieved 18 June 2020.
  42. ^ ""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.
  43. ^ "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.
  44. ^ "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.
  45. ^ 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.
  46. ^ Da. "Glenn Greenwald questiona decisões de Moraes e é criticado nas redes sociais". CNN Brasil (in Brazilian Portuguese). Retrieved 25 March 2023.
  47. ^ a b 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.
Legal offices
Preceded by Justice of the Supreme Federal Court
2017–present
Incumbent
Preceded by Vice President of the Superior Electoral Court
2022
Succeeded by
Preceded by President of the Superior Electoral Court
2022–present
Incumbent
Political offices
Preceded by
Edson Luiz Vismona
Secretary of Justice of São Paulo
2002–2005
Succeeded by
Hédio Silva Júnior
Preceded by
Fernando Grella Vieira
Secretary of Public Security of São Paulo
2015–2016
Succeeded by
Mágino Barbosa
Preceded by
Eugênio Aragão
Minister of Justice and Public Security
2016–2017
Succeeded by
Order of precedence
Preceded by
Foreign ambassadors
Brazilian order of precedence
15th in line
as President of the Superior Electoral Court
Followed by
Justices of the Supreme Federal Court