O direito como instrumento de combate

Abstract

This article aims to bring up what may be called as the role of lawfare in military conflicts. It presents, in general, how the law can be used as a combat instrument. In this context, it demonstrates how the law, in the sense of “rule", can interfere and even decide the combat direction and the Armed Forces action. It is therefore evident that the possibility of employment by the lawfare opponent is an issue to be considered in the arrangements and the course of the combat actions. In the context of operations, the knowledge of legal rules that govern the employment of an armed force is essential. The study of legal constraints on employment and the use of force by all members of the Armed Forces will bring benefits in the confidence and motivation to launch missions. In order to avoid a lawfare or to minimize its effects, efforts should be made to provide both the Command and General Staff, as well as the other members of the military component, with indispensable legal knowledge that have to be in accordance with requirements of each military operation. Thus, this theme is important insofar as it seeks to make the issue increasingly discussed and understood, especially due to the increasing use of the Armed Forces in law and order enforcement operations.