Abstract

ANGELES NIQUEN, Rosa Marleny. LAWFARE AS AN IMPACT ON DUE PROCESS AND LEGAL EQUALITY FOR ACTORS IN LATIN AMERICAN POLITICS: A SYSTEMATIC REVIEW. Aula Virtual [online]. 2025, vol.6, n.13, e443.  Epub July 14, 2025. ISSN 2665-0398.  https://doi.org/10.5281/zenodo.15324232.

The objective of this study was to identify and analyze the best scientific evidence on Lawfare, as an impact on due process and legal equality, examining research carried out in the last 5 years worldwide, especially in Latin America, through databases such as Scopus, Scielo, Latindex and Wos. In the methodology, related terms such as Lawfare, legal equality, due process and policy were reviewed, discarding non-free or irrelevant articles. The results revealed that Lawfare is used to delegitimize political adversaries, erode democracy and consolidate neoliberal agendas in Latin America. Common patterns were identified, such as the instrumentalization of the judicial system, the weakening of democratic institutions and the persecution of progressive leaders through ambiguous accusations amplified by the media. It was concluded that Lawfare violates fundamental rights, weakens trust in judicial institutions and amplifies political polarization, affecting due process and legal equality of political actors. To combat this phenomenon, it is crucial to strengthen judicial autonomy, guarantee transparency in legal processes and promote training in law, allowing us to distinguish between legitimate processes and abuse of law.

Keywords : Lawfare; due process; legal equality and policy.

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