O juízo final da operação calvário: uma análise sobre a (in) ocorrência de lawfare contra Ricardo Coutinho

Abstract

This research analyzes the occurrence of Lawfare phenomenon in Operation Calvário, strictly in the judicial stage of the seventh phase that became known as “Juízo Final”. During the study, the Lawfare phenomenon was conceptualized, from its historical aspect, conceptions to strategies and dimensions. The seventh phase of the Operation Calvário was described, along with its objectives, targets and adopted measures. Additionally, an analysis of the findings in this phase was carried out, from the point of view of the conception, strategies and dimensions of the Lawfare. This analysis correlates the aspects of the competence of judgment, legality of decisions and media exposure, focusing on the study of the character of former governor Ricardo Coutinho. This subject is of relevance and is studied at a multidisciplinary level, as the practice of Lawfare phenomenon hurts the parity of arms in the judicial process, affronts democracy and affects the rule of law. To evaluate whether there was political persecution in the judicial stage of the seventh phase of Operation Calvário in the face of former governor Ricardo Coutinho, the Content Analysis methodology was applied, whose observation was made on judicial decisions and journalistic articles. In the end, the hypothesis of the existence of Lawfare phenomenom, backed by the subversion of law, relativization of rights and constitutional guarantees, in addition to the offense to democracy, pillar of the rule of law.