Martins, LeonardoBegossi, Giovanni Alessandro2019-11-052023-03-072019-11-052023-03-072019-10-10BEGOSSI, Giovanni Alessandro. Lawfare, pós-democracia e pós-verdade no Caso lula: análise da potencial violação do direito fundamental ao juiz natural por Sergio Moro e seus impactos na democracia brasileira à luz dos diálogos divulgados pelo The Intercept. 2019. 107f. Monografia (Graduação em Direito) - Universidade Federal do Rio Grande do Norte, Natal, 2019.https://repositorio.ufrn.br/handle/123456789/51779On June 9, 2019, the news outlet “The Intercept” began revealing a series of dia-logues, obtained through an anonymous source, which suggest an illegal collabora-tion between then Judge Sergio Moro and Deltan Dallagnol, prosecutor and member of Operation Car Wash’s task force. This disclosure, which became known as “Vaza Jato”, shed new light on the following sequence of events: i) former President Luiz Inacio Lula da Silva’ condemnation for the crimes of corruption and money laundering in the Guarujá triplex's case by Moro, with the consequent timely ineligibility of the isolated leader in the election polls for the 2018 presidential race; ii) election of Jair Messias Bolsonaro, second in the polls, to the Republic’s Presidency; and iii) Moro’s nomination to take over the Ministry of Justice and Public Security by Bolsonaro. In this context, this research’s objective is to answer the question: was the judiciary used to define an election instead of popular sovereignty? To this end, a two-stage legal discussion is proposed. The first, of a juridical-dogmatic nature, consists in concretely investigating the content of the revealed dialogues in order to identify whether or not Moro behaved irregularly, having as parameter the fundamental procedural right to natural justice. The conclusion was that the risk of Moro having previously intended to prosecute Lula and to effectively advise the prosecutors in detriment of the defense is too high to be constitutionally tolerable, representing an unjustified state intervention in Lula's fundamental procedural right to natural justice, the process being null under the terms of art. 254, IV, and art. 564, I, both from the criminal procedure code. From this intermediate conclusion, the research proceeded to the second phase, of a predominantly sociological and political-scientific nature, consisting in analyzing the potential political instrumentalization of the judiciary machine in the Lula case, examining its hidden meaning for Brazilian democracy through the concepts of lawfare, post-democracy and post-truth. The general conclusion was that the judicial action in the Lula case fits in with the postulates of lawfare (political timing, reorganization of the judicial apparatus, application of double standards to the law and mass and concentrated media), post-democracy (disappearance of limits to the exercise of power, rhetorical recourse to the supposed exceptionality of the situation and to generic terms such as “fighting corruption” and “public security”, messianism, spectacularization of the criminal trial and media construction of the “good judge” figure) and post-truth (primacy of emotion over reason and facts, double standard to evidence, alternative facts, conspiracy theories and projection). Thus, there was a serious affront to the popular sovereignty embodied in the withdrawal of the presidential race’s leading candidate through the illegal joint action of various legal actors (prosecutors, judges, etc.) in partnership with the mainstream media.Attribution-NonCommercial-NoDerivs 3.0 Brazilhttp://creativecommons.org/licenses/by-nc-nd/3.0/br/Luiz Inácio Lula da SilvaSérgio MoroLawfarePós-democraciaPós-verdadePost-democracyPost-truthbachelorThesisDireito