Trump’s Tariff Threat Highlights Legal Boundaries in International Politics

Former President Trump has taken an unusual approach to tariffs, signaling potential trade penalties against Brazil linked to its treatment of former president Jair Bolsonaro, highlighting a new legal debate.

As part of his ongoing efforts to influence international trade dynamics, former President Trump has positioned tariffs not just as economic tools but also as instruments of political persuasion. This week, he leveled a warning at Brazil, suggesting that the U.S. might impose a staggering 50 percent tariff on Brazilian exports starting August 1. What sets this move apart is Trump’s direct linkage of the threatened tariffs to Brazil’s treatment of Jair Bolsonaro, the nation’s former president, who is currently embroiled in serious legal issues.

In his statements, Trump characterized the charges against Bolsonaro—allegations of a coup attempt after his electoral defeat in 2022—as a “Witch Hunt.” In a bid to sway Brazil’s judicial proceedings, he seemed to call for greater leniency towards Bolsonaro. Trump's threats have raised eyebrows among legal scholars, who question whether he possesses the authority to leverage tariffs for overtly political ends. Traditionally, Congress holds the tax power over imports, while the president’s capacity to act unilaterally is limited to specific circumstances largely surrounding national security.

Despite attempting to frame his tariff threats within an economic context, Trump inaccurately claimed that the U.S. is facing a trade deficit with Brazil. In reality, trade figures indicate that the U.S. exports far more to Brazil than it imports. Trump's tactical move not only targets economic relations but also navigates the murky waters of foreign political intervention, challenging established norms around presidential powers and trade policy.