A lei como arma de guerra: os efeitos do lawfare sobre o regime disciplinar diferenciado

Abstract

The Law, symbol of the Democratic Regime, is increasingly criticized, especially after the advancement of studies on lawfare, the use of the norm as a weapon of war, to silence or neutralize the enemy. Thus, Charles Dunlap Jr and David Luban discuss the effects of this nefarious institute, based on the assumption of legislation in a broad sense. However, the core of the debate lies precisely in the use of lawfare in the legislative scenario, with the enactment of more severe and abstract criminal types, according to the teachings of Santoro and Castelo Branco. Therefore, we seek to investigate, through a bibliographic review, whether the hardening of the Differentiated Disciplinary Regime (RDD), by the anti-crime package, which allowed its decree even without the commission of serious misconduct, would come from lawfare. Finally, we understand that the changes in the RDD are effects of lawfare, even without a pre-defined opponent, which will later facilitate the indiscriminate action of judges in the specific case