Judicialização da megapolítica : o protagonismo judicial nos processos criminais da operação lava jato contra Lula

Abstract

The present work deals with the investigation of the phenomenon of the Judicialization of Megapolitics in Brazil, specifically discussing the presence of this pattern of judicial protagonism when in the criminal proceedings of the Lava Jato operation that are investigated with strong popular interest. In the present study, the decisions of magistrates in the criminal proceedings of the Lava Jato operation will be examined, in which Lula appears as a party. The type of search to be carried out will be bibliographical, both national and foreign, including scientific journals and periodicals that can provide knowledge about the object of the investigation. whether in the performance of “Justice Judges” and/or “Illuminated Courts” who try to position themselves politically, either in the conduct of the process, with the common use of procedural measures of an exceptional nature, or in an extra-procedural way, with excessive public exposure. Ran Ran Hirschl advances on this new moment of judicial expansion, exposing a process that was initially called the judicialization of pure politics and, later, mega politics, which deals with the total transfer to the courts of controversial situations that democratic politics can contemplate. For this, he recognizes that the term refers to three distinct and interrelated processes, called the three faces of the judicialization of politics, namely: the first face would be the judicialization of social relations, the second, the face of judicial control of public policies, and third would be the face of megapolitical judicialization. In this last face, object of study for this thesis, in spite of the use of courts and judges to resolve central political controversies such as the judicialization of electoral processes, the author divides this face of susceptible areas into five categories: (1) democratic process ; (2) judicial scrutiny of central executive prerogatives within international relations, fiscal policy and national security; (3) legitimizing changes in political regimes; (4) transitional justice; (5) increasing resources for the courts to contemplate the very definition of community; However, still according to Ran Hirschl, the judicialization of megapolitics depends on the implicit or explicit support of the most influential political stakeholders in the country, since it is a process that stems from the interests of the political and economic elites. Based on this theory, we analyze the judicial decisions of the Lava Jato operation in which Lula is the defendant, identifying in this direction the pattern of judicialization of megapolitics in Brazil denounced by Ran Hirschl (2004, 2012).