Lawfare: o devido processo legal e o uso do direito como arma para a consecução de fins políticos.

Abstract

Corruption, especially in the political sphere and in state institutions, is certainly one of the major problems in Brazil. With the purpose of investigating and punishing those responsible for crimes committed in the great scheme of subtraction of public resources from Petrobras, the famous Operation Car Wash emerges. However, imbued with the apparent feeling of fighting corruption, public authorities and vehicles of communication became participants in a sordid political game, for actions, at least, questionable. As a result, this work was able to analyze the definition and the elements that make up Lawfare, also called legal war, and to verify the occurrence of this phenomenon in some practical situations that unfolded in the mentioned Task Force. In addition, the award-winning collaboration institute will be studied, a strong mechanism used to obtain evidence at Car Wash, and the flaws in its application will be identified, which favored an illegal and undue structuring of the nominated operation. In view of this situation, the question arises: how far should the fight against corruption go? Is it valid that combating this evil may be able to break the legal rules? The search for the answer to these questions gave birth to this work, classified methodologically as a descriptive research. With regard to the purpose, this monograph is considered to be a strategic basic. The research method used was the deductive and the procedure used was the documentary and the bibliographic. In conclusion, the allegations were confirmed that several episodes that took place during Operation Car Wash were, in fact, the inappropriate and directed use of laws to achieve objectives beyond those intended by the Law, configuring what is known as Lawfare. Finally, it was demonstrated the disastrous effects that this form of action can generate and the need for the rules to be strictly obeyed.