1st Edition
Lawfare Waging War through Law
This book examines one of the most emblematic cases of lawfare today: the criminal prosecution of former Brazilian President Lula.
The authors argue that lawfare is not just a slogan or a game at the service of any one political ideology. Rather, it has to do with a complex, multifaceted phenomenon that should be carefully reflected upon in modern constitutional democracies, given that it is able to demolish majority rule and the rule of law. They contend it is the strategic use of the law with the purpose of delegitimizing, harming or annihilating an enemy. The literature specializing in the subject tends to alternate between analysis of only one aspect of the phenomenon or consists of extensive case studies. In order to fill this gap, this book revisits the subject and offers a sophisticated theoretical approach to lawfare, in an unprecedented combination of theory of war and theory of law.
The book will be of interest to students, researchers and policy makers working in the areas of public law, international law, procedural law, anthropology of law and sociology of law, as well as political science and international relations.
Foreword by John Comaroff
1 What is lawfare?
2 Strategic dimensions
3 Tactics
4 Paradigmatic lawfare case studies
In conclusion: A point of departure
Biography
Cristiano Zanin is an Attorney and an expert in lawfare, transnational litigation, state investigations and bet-the-company litigation. He is a member of the Brazilian Lawyers Institute (IAB), the São Paulo Lawyers Association (AASP), and the International Bar Association (IBA). He is the co-founder of the Lawfare Institute. He is also coordinator of the legal defence of Luiz Inácio Lula da Silva, former President of Brazil, within "Operation Car Wash" and before the UN Human Rights Committee and other relevant proceedings pending before Brazilian courts.
Valeska Martins is an Attorney and an expert in lawfare, transnational litigation, bet-the-company and corporate law. She is a member of the International Bar Association (IBA) and coordinator of the legal defence of Luiz Inácio Lula da Silva, former President of Brazil, within "Operation Car Wash" and before the UN Human Rights Committee and other relevant proceedings pending before Brazilian courts.
Rafael Valim was Professor at the Pontifical Catholic University of São Paulo, Brazil, and is currently Simon Visiting Professor at the University of Manchester, UK, and Visiting Professor at Université Le Havre Normandie, France. He is one of Brazil’s leading scholars of law and actively participates in Brazilian public debate. He has published a number of monographs and articles, which have been translated into several languages. He is also Editor-in-Chief of Editora Contracorrente and has held many visiting positions in France, Spain, Portugal, Italy, the UK and Latin America.
