O lawfare no sistema eleitoral: entre a legitimação e a ameaça ao estado democrático de direito

Abstract

This thesis examines the phenomenon of lawfare within Brazil's electoral system, detailing its tactics and dimensions, and evaluates institutional measures to counteract potential threats and abuses that such practices pose to the integrity of the Democratic Rule of Law, established in the Constitution of the Federative Republic of Brazil. The research aims to determine whether electoral lawfare, particularly in its abusive forms, undermines the electoral process and, by extension, democracy itself. To achieve this, the study contextualizes the Democratic Rule of Law in relation to popular sovereignty and identifies challenges confronting the electoral system as a gauge of democratic legitimacy. It further delineates the concept of electoral lawfare, tracing its origins and identifying its abusive manifestations. Finally, the thesis assesses the effectiveness of measures implemented by the Electoral Court to curb such practices, scrutinizing institutional responses to this phenomenon. Employing a qualitative methodology grounded in bibliographic and documentary analysis, the research concludes that, while electoral lawfare may appear neutral, it can deleteriously affect democratic processes when employed abusively.This occurs through deliberate tactics aimed at politically motivated attacks on opponents via disproportionate and targeted actions. Moreover, the study finds that current efforts to address this issue are inadequate, highlighting the need for more coordinated institutional actions to mitigate its impact and safeguard the democratic process.