ARAÚJO, C. S. L.; http://lattes.cnpq.br/7792828630558684; ARAÚJO, Clara Skarlleth Lopes de.
Résumé:
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.