Impartiality, liquid authoritarianity and exception in the Operação Lava Jato

Abstract

The popularly known as “Operation Lava Jato” is understood in the context of the criminal procedures of exception. We are faced with the presence of the authoritarian state within the routines regulated by law.The matter is usually underestimated by the general theory of the State and by the criminal procedures. There are few studies that question the realization, at least in its full sense, of the rule of law in democratic procedures and processes and in criminal prosecution.“Operation Lava Jato” plays a central role in the guidelines of the brazilian Judiciary. It is necessary to assess the adequacy of its procedures and the fairness of its products.In the present study, we made a brief incursion into the propaedeutic aspects of the exception theory. Its historical and theoretical aspects were also analyzed. Then, we analyze the principle of impartiality inherent to the exercise of jurisdiction under its corollaries objectivity or legality, exemption, neutrality and transparency. The legal bases for the principle of impartiality are found in the Constitution, the Code of Criminal Procedure, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the American Convention on Human Rights (San José Covenant of Costa Rica).In the end, we conclude that there are repeated violations of the principle of impartiality in the context of “Operation Lava Jato” through the production of exceptional measures that violate the fundamental rights of contemporary criminal proceedings.