“Lava Jato” Operation: Characteristics and conditions of the Brazilian mega-trial

Abstract

Purpose: This article examines how Operation Lava Jato was configured as a Brazilian mega trial and how its institutional and operational design enabled its political instrumentalization as a form of lawfare, drawing on Luigi Ferrajoli’s theory of criminal guarantees.

Method: A qualitative bibliographic and documentary approach is adopted. The analysis is based on Ferrajoli’s theoretical framework, legal and normative documents, particularly Law No. 12,850 of 2013, institutional guidelines of the Public Prosecutor’s Office, and relevant academic literature, including Sérgio Moro’s 2004 article.

Findings: The findings show that Operation Lava Jato exhibited core features of mega trials, such as procedural gigantism, extensive media exposure, role confusion between judge and prosecution, and a significant transformation of the classical model of criminal legality. Three pre-existing structural conditions enabled its development: a specific criminal subsystem for organized crime, the expansion of prosecutorial investigative powers, and the use of task forces. This framework facilitated operational illegalities, including jurisdictional manipulation, coercive use of precautionary measures, and improper coordination between judicial and prosecutorial actors.

Originality and Value: The study contributes by demonstrating how the erosion of procedural guarantees and the politicization of justice threaten democratic institutions, offering relevant insights into the contemporary debate on lawfare and the limits of criminal prosecution.