The Backlash Effect on Brazilian constitutional jurisdiction and the limits of constitutional change
DOI:
https://doi.org/10.6008/CBPC2674-6409.2021.001.0001Keywords:
Backlash Effect, Constitutional Mutation, Judicial ActivismAbstract
This article aims to develop a debate about the backlash effect in the Brazilian constitutional jurisdiction and to analyze what are the limits of constitutional mutation. A bibliographic search was carried out from scientific articles, theses, dissertations and specialized books to enrich the information and enable a reliable work. Constitutional change when used in a dictatorial manner by the judiciary ends up promoting an odious judicial activism, however, when decisions are dialogical, the Democratic Rule of Law is strengthened, seeking an effectiveness of constitutional guarantees without this meaning a breakdown in the distribution of powers. It was possible to glimpse, in the study of the concrete cases that suffered a backlash effect, that the popular reaction to decisions of the Supreme Court were fundamental for the change of understanding of certain matters, either by the court itself or by the political pressure exerted for the legislature to regulate the matter as the outcry of the population. The fundamental decisions of the State are increasingly exposed to the direct analysis of the people, this strengthens democracy from the moment that people reflect on them, and interfere intelligently on the constituted powers, exercising, in a way, a control of direct popular constitutionality.
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