LAWFARE: INOVAÇÕES NA CONDUÇÃO COERCITIVA QUE COLOCAM EM XEQUE O DUE PROCESS OF LAW

Abstract

The objective of this article is to examine the phenomenon called lawfare from the perspective of due legal process. This institute has gained relevance in the legal environment as it has enormous potential to destabilize a democratic government. Principles such as due process lose their effect when lawfare comes into play when observed in the context of combating corruption. A true legal war emerges, and what is perceived is not the use of conventional weapons, but the law itself. Even though it is important to combat such acts that harm society, it is not correct for constitutional principles to be relativized. In this true war scenario, constitutional rights and guarantees are violated through the assumption that the ends justify the means. The achievement of social peace has never seemed so far from being achieved, as lawfare has been established within the Democratic State. Based on these reflections, this article hopes to understand the characteristics of lawfare and its possible impacts on the Due Process of Law.