Declínio do estado democrático de direito brasileiro a partir de 2013: o sistema de justiça como instrumento pós-democrático

Abstract

The present work has as an objective to investigate on how the Justice System features in the scenario of weakening of the Democratic State and strengthening of the Post-democracy. It begins by pointing the possible reasons of the decline of the Democratic State and by describing the new moment, the Post-democracy, where political power and economic power is the same. It follows by an analysis of how the Justice System has been used as an instrument for neoliberal and postdemocratic reasons such as mitigation of fundamental rights and guarantees as well as the weakening of legal limits to the exercise of power. Thus, the work will explain the Caso Mensalão and Operação Lava Jato with the aim of demonstrating that, in such trials, the interests of the elite and the market were sought to ensure, using, for this, the concept of lawfare. At the end, the need to rethink democracy and to fight for the rescue of fundamental rights and guarantees will be demonstrated.