Alexandre de Moraes | |
|---|---|
 | |
| 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 | |
| Assumed office 16 August 2022 | |
| Vice President | Ricardo Lewandowski |
| Preceded by | Edson Fachin |
| Minister of Justice | |
| 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–present | 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 | 13 December 1968 São Paulo, São Paulo, Brazil |
| Political party | PSDB (2015–2017) |
| Spouse | Viviane Barci de Moraes |
| Alma mater | University 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]
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]
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]
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]
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]
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]
