O efeito backlash no direito constitucional brasileiro: o caso da prática desportiva da vaquejada

Abstract

This monograph proposes to analyze the backlash, a very specific social phenomenon. The highlight of this the work is the study of social reactions, by minority groups, against decisions by judges and courts. Firstly, the effect is comprehended analytically through its own definition. Then, a theoretical exposition on the origin and faces of the backlash is observed, as well as the theoretical frameworks in Constitutional Law. Then, the research faces the Brazilian context. Thus the sport of vaquejada is taken as a case study. At this point, the laws referring to the problem, the decision handed down by the Federal Supreme Court, the conflict between protection of cultural heritage versus protection of animals and social manifestations are analyzed. It is important to emphasize that the work was built through doctrinal research, making use of the comparative analysis of normative treatments and, above all, the deductive method to understand the scope of Law in the face of society’s reactions.