Lawfare e o sistema penal brasileiro : a construção do inimigo

Abstract

This paper seeks to establish an outline of the concept of lawfare, through a parallel between the emergence of the phenomenon in the United States and its application in the Latin American context, showing the political similarity between the countries of the southern cone. It is intended to demonstrate the influences of lawfare in the criminal process as a consequence of political disputes and how the punitive power is reflected in the scenario. Considering that lawfare would be the strategic use of Law for the purpose of delegitimizing, harming or annihilating an enemy, it is intended to investigate whether the enemy in the Brazilian scenario would be only political. As a result, it is understood that today the enemy is other, no longer - only - political. In times of conservative situation, the State has its primary objective established, which is, the annihilation of deviants (here we have any person who in political aspects, gender, income and race do not fit the “patterns”). Therefore, through the criminal process it is possible to annihilate this enemy, using an unconventional war strategy, lawfare. For the research, which is not exhausted in the present work, the deductive logical study was used as a methodology, in which a concept was applied to selected cases to test the hypotheses raised. Furthermore, national and international bibliographic analysis was used.