Lawfare no Brasil e a criminalização dos movimentos sociais: o processo dos 23

Abstract

This work investigates, from an interdisciplinary critical and genealogical perspective, the role of the justice system in the so-called process of the 23, which involved the accusation and the prison of militants for criminal association in street demonstrations occcured in Rio de Janeiro between 2013 and 2014. The research analyzes how the law can be mobilized as an instrument of political persecution, criminalizing dissent and building the figure of the enemy. From theoretical references of Michel Foucault, Eugenio Raul Zaffaroni, Nilo Batista, among others, crossed by the concept of lawfare, criminal selectivity and the production of subjectivities by the media and their implication in the performance of the justice system are examined. Using bibliographic and documentary research, the study addresses the Lava Jato operation as an example of lawfare in Brazil and analyzes the process of the 23 in its legal and media frameworks. The thesis proposes that the trial of the 23 is not limited to the search for a judicial decision, but represents a practice of governmentality aimed at the management of insurgent bodies and the containment of political contestation, revealing the punitive, selective and strategic character of the justice system in contemporary Brazil.