Machiavelism

PART II: MACHIAVELISM 7 X 1 POSITIVISM
How the Brazilian state is turning Lawfare into a flag

The right to due process of law is guaranteed by the ACHR in Articles 8 (guarantee of a fair trial) and 25 (right to judicial protection). Juliana Gomes Antonangelo and IBEPAC alleged that these guarantees were systematically denied through administrative and judicial processes that did not follow standards of legality and transparency.

1. Violation of the Right to Due Process of Law and Judicial Protection

Aspects	Description of the Violation	Legal Basis	Presented Evidence
Absence of defense guarantee	Administrative processes were opened against Juliana without the right to adversarial proceedings and a broad defense, as required by due process of law.	Article 8.1 and 25 of the ACHR	Juliana was not given a fair opportunity to defend herself adequately; she was subjected to arbitrary decisions and successive audits ([inicial oea], [DEFESA BRASIL 1555239]).
Prejudicial retroactive application of norms	Retroactive application of norms to justify the annulment of her appointment as interim, based on accusations of nepotism that were not in effect at the time of her appointment.	Principles of legality and non-retroactivity of the ACHR	The actions occurred before specific nepotism regulations, suggesting unfair and retroactive rule application ([DEFESA BRASIL 1555239], [MANIFESTAÇÃO DEFESA BRA…]).
Induction of error and defamatory information	Juliana’s name was associated with irregular practices in official publications, with the intent of damaging her image and reputation, without the right to contest.	Articles 11 and 14 of the ACHR	Reports of defamation and negative exposure on official websites without proper clarification ([inicial oea], [MANIFESTAÇÃO DEFESA BRA…]).

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2. Psychological Torture and Political Persecution

The use of the legal system to intimidate, exhaust, and persecute an individual constitutes a form of psychological torture, prohibited by the Inter-American Convention to Prevent and Punish Torture (CIPPT). Juliana and IBEPAC report that this form of lawfare was employed by the Brazilian State against her.

Aspects	Description of the Violation	Legal Basis	Presented Evidence
Intimidation and psychological exhaustion	Opening multiple processes and investigations to intimidate and psychologically exhaust the victim without reasonable justification.	Article 5.2 of the ACHR and Articles 1, 2, 3.a of the CIPPT	Documents and testimonies indicate continuous persecution through successive administrative processes and audits ([inicial oea], [DEFESA BRASIL 1555239]).
Omission in investigating psychological torture	The Brazilian State did not adequately investigate allegations of psychological torture, violating its obligation to act diligently and impartially.	Articles 6 and 8 of the CIPPT	The State’s failure to investigate and punish those responsible for psychological torture constitutes a clear violation of international rights ([MANIFESTAÇÃO DEFESA BRA…]).
Public exposure and defamation	Use of official media to publish distorted information and harm Juliana’s image as a form of political persecution.	Articles 5.1 and 11 of the ACHR	Official publications aimed to tarnish Juliana’s image, creating a hostile environment detrimental to her reputation and well-being ([DEFESA BRASIL 1555239], [MANIFESTAÇÃO DEFESA BRA…]).

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3. Violation of Rights to Equality and Non-Discrimination

The ACHR protects the right of all individuals to equality before the law and prohibits any form of discrimination (Article 24). Juliana was treated unequally compared to other interim appointees, being subjected to differentiated punitive procedures due to her involvement in denouncing the system.

Aspects	Description of the Violation	Legal Basis	Presented Evidence
Unequal and discriminatory treatment	Juliana was subjected to administrative procedures not applied to other interim appointees, indicating selective discrimination.	Article 24 of the ACHR	Juliana and IBEPAC report that the discrimination occurred due to her role as an activist and whistleblower of corruption ([inicial oea]).
Lack of access to resources and rights	Denial of basic rights, such as the payment of benefits granted to others, without reasonable justification.	Articles 8.1 and 24 of the ACHR	Juliana was deprived of benefits granted to other interim appointees, without clear legal grounds for such discrimination ([MANIFESTAÇÃO DEFESA BRA…]).