Efeito backlash frente ao ativismo judicial no Brasil: um estudo de casos

Abstract

With the strengthening of the Judiciary in Brazil after the Federal Constitution of 1988, the Courts began to judge major decisions. The performance of the judges, mainly of the Federal Supreme Court, made them almost like legislators. The phenomenon known as judicial activism imposed that the Legislative and Executive Powers were bound to act as the judicial decision pronounces. This course conclusion work aims to study the context that begins after these sentences and judgments. The method of approach used in the research was the deductive and bibliographic and documental research guide the monograph. Faced, therefore, with emblematic themes that obtain silence from the elected powers, the Constitutional Court uses the countermajoritarian function to interpret the Constitution by establishing the guarantee of rights to the State. However, the legal result may not please the citizens or the Legislative Power. Therefore, there is an attempt to neutralize judicial decisions by new legislation or popular demonstrations. This effect, known as backlash, reveals both the democratic side of the country and can turn into a backlash initiative. It will be, then, in this tenuous line, carried out the study of political and judicial institutions in order to understand the problems about this scenario using, mainly, the case study. Therefore, it will delve into the content of the Supreme Court's decisions, specifically, the situation of the vaquejada, the Clean Record Law and the recognition of the same-sex union, addressing the political and social reactions aroused by the judicial stance.