Lawfare in Latin America

Judicialization of politics is one of the greatest obstacles to our democracies. What must be resolved in the political sphere is put in the hands of the judges. They can provide a legal solution, but it will be an unlawful solution and with an insurmountable democratic deficit. The judicialization of public affairs implies that these issues are particularized, that is, deprived of their collective dimension. When what is judged is the electoral competition itself, then justice becomes politicized and used as a weapon of war. The term lawfare comes from a work published by the General of the US Air Force, Charles Dunlap. Broadly, it describes this phenomenon as the use of the law to obtain certain results that would otherwise require the use of military force. That is, to use the law as a weapon, for example, through international sanctions or, as seen in Latin America, to prosecute political leaders without respecting due process to get them out from the political competition.