Lawfare as a war machine

The Lula case

Abstract

The article analyses the dynamics of social movements and collective actions, focusing on Brazil and Latin America, amidst the rise of conservative forces and neoliberal policies in democratic regimes. It examines the case of lawfare experienced by Lula, employing the theory of a war machine proposed by Deleuze and Guattari. This “machine” represents a nomadic entity challenging state control, embodying a logic of resistance and freedom. The article suggests expanding this concept to consider its application to neoliberalism, which utilizes social forces for self-benefit. Neoliberalism deploys the war machine to accumulate capital by mobilizing all aspects of social life. However, the war machine, owing to its fluidity and polymorphism, can resist or be co-opted by established power, as depicted in instances of civil war and contemporary conflicts where armed groups acting for the State control territories and cause diasporas. Furthermore, the concept of lawfare, using legal instruments to undermine political adversaries, reflects power dynamics between the war machine and the State. The Lula case illustrates this, where legal institutions and processes are exploited for political interests and power consolidation. The concepts of the war machine and lawfare are fundamental in understanding power struggles and the intricate relations of resistance, capture, and manipulation in our ever-conflicting socio-political landscape.