Luís Roberto Barroso — head of Brazil’s top court, the Supreme Federal Tribunal (STF) — issued a public letter on Sunday refuting President Donald Trump’s reasons to impose a 50-percent tariff on the South American country, which will go into effect on August 1.
Barroso, without directly mentioning Trump, claimed that reasons for the upcoming tariffs, which he described as “sanctions,” imposed by the U.S. president are based on an “inaccurate understanding” of Brazilian reality. Trump has accused the Brazilian court system of engaging in a “witch hunt” against conservative former President Jair Bolsonaro, attacks on Brazil’s free elections, and attacks against the fundamental free speech rights of American citizens.
President Trump announced last week that, starting on August 1, Brazilian products sent into the United States will be subject to a 50 percent tariff. Radical leftist President Luiz Inácio Lula da Silva, who deemed the announcement “disrespectful,” threatened to reciprocate the tariffs once they go into effect and further announced that Brazil will reach out to the World Trade Organization (WTO) and other countries to mediate the issue.
Barroso, who presently leads the STF, issued a letter on Sunday titled, “In Defense of the Constitution, Democracy, and Justice.” In the letter, the judge wrote that, while it was up to the Brazilian executive to lead the initial response, he considers it his “duty” as head of the top court to proceed with a “calm reconstruction of the relevant facts of Brazil’s recent history and, above all,” the actions of the STF. He described the institution as “independent and active in preventing the collapse of institutions.”
“Different worldviews in open and democratic societies are part of life, and that is a good thing. But they do not give anyone the right to twist the truth or deny concrete facts that everyone has seen and experienced. Democracy has room for conservatives, liberals, and progressives,” the letter read. “Opposition and alternation in power are essential to the system. However, ethical life must be lived with values, good faith, and a sincere search for truth. So that everyone can form their own opinion about what is right, fair, and legitimate, here is a factual and objective description of reality.”
“Starting in 1985, we have enjoyed 40 years of institutional stability, with successive free and fair elections and full individual freedoms. Only criminal acts have been punished,” the letter continued. “The importance of this achievement should not be overlooked in a country that has experienced successive breaches of constitutional legality at various times throughout its history.”
The STF president continued by listing past attempts at institutional rupture in Brazil, such as the 1935 Brazilian communist uprising and the 1964-1985 military dictatorship, stressing that “it took us a long time to overcome the cycles of backwardness.”
“Preserving the democratic rule of law has become one of the most precious assets of our generation. But there have been many threats,” he added.
Barroso then listed several recent events that occurred in Brazil since 2019, such as attempted terrorist attacks and “false accusations of electoral fraud in the presidential election” before referring to events that took place after the controversial 2022 presidential election. The example he identified from that episode involved “changes to the Armed Forces’ report, which had concluded that there was no fraud of any kind in the electronic voting machines,” “threats to the lives and physical integrity of Supreme Court ministers, including calls for impeachment,” and “camps of thousands of people outside military barracks calling for the removal of the president-elect.”
Barroso culminated his list with the allegations that former President Jair Bolsonaro had attempted to poison Lula, for which the former faces criminal charges.
President Trump has vocally defended Bolsonaro, whose “witch hunt” he cited as one of the reasons that led to the imposition of the upcoming 50-percent tariffs on Brazil. Last week, he published a message on his website Truth Social supporting the former president and accusing the STF of doing a “terrible thing” over the barrage of criminal investigations launched against Bolsonaro after he left office in January 2023.
“The ongoing criminal proceedings for various crimes against the democratic rule of law strictly observe due process of law, with absolute transparency at all stages of the trial,” Barroso claimed in the letter. “Public sessions are broadcast on television and attended by lawyers, the press, and the public.”
Barroso asserted that “no one is persecuted” in Brazil today, unlike in times of past dictatorships, and that justice is carried out “based on evidence and with respect for the adversarial process.” Barroso also denied that “any form of censorship” exists in Brazil.
In reality, the Supreme Electoral Tribunal (TSE), the STF’s election oversight sister court, repeatedly penalized politicians and journalists for discussing topics it disapproved of during the 2022 presidential race. In particular, the TSE banned any reference to Lula as a “thief” or criminal, despite his multiple criminal convictions on charges of corruption during his first two terms in office. The court did not similarly censor Lula’s spurious claims that Bolsonaro was a “cannibal” and a “pedophile.”
The STF president asserted that the top court has firmly “protected the right to free expression,” noting that the court overturned censorship laws passed during the Brazilian military dictatorship and other similar actions.
Barroso concluded his tariff response letter by asserting that “it is in difficult times that we must hold fast to the values and principles that unite us: sovereignty, democracy, freedom, and justice. Like other institutions in the country, the judiciary stands with those who work for Brazil and is here to defend it.”
Christian K. Caruzo is a Venezuelan writer and documents life under socialism. You can follow him on Twitter here.
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