A regulação da guerra através do direito: uma análise da decisão do Comitê de Direitos Humanos da ONU sobre o caso do presidente Lula

Abstract

For the international community, the phenomenon of lawfare, as a tool of the law for the destruction of a political enemy, occupies more and more space in the debate on human rights. The destruction of a political enemy through the use of laws and the violation of human rights was a resource widely used in the Brazilian context in the trials that led to the conviction of President Lula - in the cases of the Guarujá triplex and the transfer of the Atibaia ranch – whose evidence points to a scenario of violation of the International Covenant on Civil and Political Rights, especially in relation to the infringement of the principle of the presumption of innocence and the temporary ineligibility of the defendant. Considering the relevance of this theme and seeking to answer the research question (How did the United Nations Human Rights Committee interpret the trial of President Lula, based on indications of lawfare and the loss of citizenship?), the aim of this study, as a general objective, was to analyze the incidence of lawfare in the process involving President Lula and the cases of the triplex and the Atibaia ranch, with the denial of citizenship attested by the verdict of the United Nations Human Rights Committee, published on April 27, 2022. Methodologically, this research was a documentary analysis, referenced by the abovementioned verdict. As for the preliminary results, this verdict reaffirms that there has been a violation of human rights and a denial of President Lula's right to citizenship.