Lawfare – An Elite Weapon for Democracy Destruction

This book is a compilation of lectures and public debates held in the context of a seminar at the Federal University of Goiás State, in Brazil. Authors and co-authors express their rights to opinions and thoughts about different themes.

SUMMARY

ABOUT AUTHORS AND TRANSLATORS

DEDICATION AND ACKNOWLEDGMENTS

PREFACE I
John Comaroff, professor Harvard University, Cambridge – MA/USA

PREFACE II
Gilmar Mendes, minister of the Brazilian Supreme Federal Court (STF)

PREFACE III
Felipe Santa Cruz, president of the Bar Council of Brasil (National OAB)

PRESENTATION
Professor Edward Madureira Brasil, Dean of the Federal University of Goiás

INTRODUCTION
Professors Helena Esser dos Reis and Osmar Pires Martins Junior

CHAPTER 1

DEMOCRACY DESTRUCTION

LAWFARE AS AN INSTRUMENT OF PERSECUTION
Flávio Dino de Castro e Costa
1.1 The Basic Premisses of the Lawfare’s Practices
1.2. The Lawfare Concept
1.3 Material Basis
1.4 Lawfare in Brasil
1.5 Conclusions
1.6 Interactive Debate

CHAPTER 2

EXCEPTION COURTS

THE FIGHT AGAINST CORRUPTION
Wilson Rocha Fernandes Assis
2.1 The Contemporary Brazilian Criminal Procedure
2.1.1 Interactive Debate

THE SCANDALOUS CAR WASH OPERATION
Leandro Demori
2.2 Findings of The Leak Series Vaza Jato
2.2.1 Interactive Debate

CRIMINAL LAW AND FREEDOM OF EXPRESSION
Bartira Macedo de Miranda | Virmondes Cruvinel Filho
2.3 Fundamental Rights and Guarantees of the Process
2.3.1 Interactive Debate

CHAPTER 3

LAWFARE INDEXED TO NEOLIBERAL CONTEXT

CRIMINAL LAW UNDER SUSPICION
Jacson Zilio
3.1 The Corruption of Democracy’s Essence
3.1.1 Interactive debate

JUDICIAL ACTIVISM AND VENGEFULNESS
Caio Alcântara Pires Martins
3.2 A Demonizing Political Spectrum from Judiciary

THE RISK TO REPRESENTATIVE DEMOCRACY
Elias Menta Macedo
3.3 Constitutional Rights Ignored
3.3.1 Interactive Debate

CHAPTER 4

LAWFARE AS COERCION

THE AGONY OF DEMOCRACY
Eugênio Aragão
4.1 A Brief Retrospective of Lawfare in Brazil
4.1.1 Interactive debate

THE USE OF ILLEGITIMATE STATE POWER
Igor Escher Pires Martins
4.2 How Lawfare Elect its Targets
4.2.1 Interactive Debate

THE MAGISTERIUM UNDER ATTACK
Nilton Brandão | Flávio Alves da Silva
4.3 The State of Exception and Neoliberalism
4.3.1 Interactive Debate

CHAPTER 5

LAWFARE AND PARLIAMENTARY ACTIVITY

THE CRIMINAL LAW OF THE ENEMY
Demóstenes Torres
5.1 The Police State
5.1.1 Interactive Debate

LAWFARE DAMAGE TO AEDILITY AND CITIZENSHIP
Anselmo Pereira
5.2 The City Council faces the TAC

PERSECUTION INSTITUTES
Marcello Terto
5.3 The Nonsense Towards a Fine Legislation

CHAPTER 6

LAWFARE PARADIGMATIC CASE STUDY

VIOLATIONS OF LEGAL ORDER
Osmar Pires | Eliomar Pires Martins | Igor Escher Pires Martins
6.1 Legal Opinion

CHAPTER 7

ATTACKS ON THE NATIONS INTERESTS

LAWFARE AND NATIONAL SOVEREIGNTY
Roberto Requião
7.1 The Holy War Against the Constitution

NATIONAL DEVELOPMENT ISSUES
Aldo Rebelo
7.2 Globalization Agenda Upheaval

IN DEFENSE OF DEMOCRACY
Clair da Flora Martins
7.3 The Society Mobilization

CAR WASH AND GEOPOLITICS
Osmar Pires Martins Junior
7.4 The Lawfare Chess Against Rights

CHAPTER 8

LAWFARE’S DIAGNOSTIC AND PROGNOSTIC

THE STRATEGIC DIMENSIONS OF LAWFARE
Osmar Pires Martins Junior
8.1 Characterization
8.2 Strategic Dimensions
8.3 Brazilian Media and Democracy
8.4 The Criminal Liability of Justice System Agents
8.5 New Policy for Old Practices
8.6 Awareness and Engagement for Democracy

APPENDIX

GLOSSARY
PHOTO GALLERY
10.1 Lawfare Debate Panels
10.2 Movement for National and Popular Sovereignty
REFERENCES

About Us

We want to highlight instruments for improving democracy and preserving the Democratic State of Law, often violated by actors who use #lawfare as a method of diffuse and deadly warfare against citizens, the collectivity, the enterprises, the people and the developing nations.
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