Lawfare: o processo excepcional de seleção de inimigos políticos no âmbito da democracia institucional brasileira.

Abstract

The present study problematized the phenomenon of lawfare and the weakening of an intended democratic-institutional normality in Brazil. Faced with this problem, the general objective of the research was to analyze how lawfare, through its exceptional process of selection of enemies, weakened the intended Brazilian democratic-institutional normality between the years 2015 and 2018. whether the presentation of the conceptual assumptions necessary for a better understanding of the lawfare phenomenon; the conceptualization of lawfare and the specification of how this phenomenon developed and constituted an aspect of crisis/fragility of the institutional conception of Brazilian democracy, between the years 2015 to 2018, in Brazil and the description, in detail, of the procedural operationalization of the lawfare through the study of court decisions that had some impact on the electoral dispute in 2018. Having made such introductory notes, it is noteworthy that this dissertation was divided into three chapters, the first being dedicated to the methodological delimitation of the research and the presentation of the conceptual assumptions necessary for a better understanding of the topic. The second chapter, in turn, was dedicated to the presentation of the theoretical and conceptual aspects of lawfare, starting, initially, from a more historical perspective, to, later, present the position of several authors on the subject, as well as the strategic dimensions. and lawfare tactics and their ramifications in the Latin American context. Finally, the third chapter was dedicated to the analysis of the Brazilian case, based on a study of the judicial decisions handed down in the case of ex-president Lula, which had some consequences in the political dispute.