Justiça política no Brasil contemporâneo: o caso Lula
This work aims to analyze the hypothesis of political justice in contemporary Brazil. The "Lula Case" is taken as the object of analysis, understood here as the series of investigations and legal proceedings that fell on the former president as a result of Operation Lava Jato and its pol...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/54731 |
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| Resumo: | This work aims to analyze the hypothesis of political justice in contemporary Brazil. The "Lula
Case" is taken as the object of analysis, understood here as the series of investigations and legal
proceedings that fell on the former president as a result of Operation Lava Jato and its political
repercussions. Specifically, decisions emanating from the first instance court of the 13th Federal
Court of Curitiba and the Federal Supreme Court, as well as the "decision not to decide" of the
Supreme Court are analyzed. The theoretical framework for analysis is Otto Kirchheimer and
his production on political justice. The study is located in the field of Constitutional Law, in
dialogue with Political Science, and is part of the constitutional and political debate about the
role played by the Judiciary in contemporary democracies. Using the hypothetical-deductive
method and combining theoretical and empirical research through qualitative analysis, the
research seeks to understand Kirchheimer's theoretical foundations and apply them to the
Brazilian episode. Initially, Kirchheimer's thought is investigated through bibliographic
research. In the second chapter, a typology of the concept of political justice is presented,
exploring its classifications and limits of its scope from the author's work. Finally, a
documentary incursion is carried out in judicial decisions, interviews and journalistic materials
in order to understand the Lula case and verify its subsumption to the type constructed by
Kirchheimer. In the end, it is concluded that the Lula case is a typical case of political justice
through the use of common crime as a political crime. |
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