LAWFARE: UMA ANÁLISE DO PROCESSO ENVOLVENDO O EX-PRESIDENTE LULA

Abstract

The present work aims to analyze the possibility or not of the incidence of lawfare in the process involving former President Lula, a process that has become nationally known as the “triplex case”. In the course of this work, the dimensions of lawfare will be analyzed, which are: the geographical dimension, which represents the choice of the most favorable jurisdiction, that is, that allows or guarantees in advance the condemnation of the elected enemy; the second dimension represents the choice of armament, which in this case will be the choice of legislation that will be manipulated to the detriment of the enemy; finally, the third dimension, which consists of creating a favorable external environment, mainly through the media, popular support. In this way, the rules of jurisdiction that determined the action of the 13th Federal Criminal Court of Curitibawill be questioned, as well as the evidence that motivated the decision of the ex-judge, Sérgio Moro; the influence of the media during the process will be analyzed; and yet, the political scenario in which Brazil was at the time will be duly detailed andstudied. Finally, the conclusion demonstrates how lawfare is an attack on the Democratic Rule of Law and individual freedom.