Freios, contrapesos e Backlash: uma análise dos dissensos entre o legislativo e o judiciário no desenvolvimento da atual crise político-institucional brasileira

Abstract

Ever since the ruling of the case Brown v. Board of Education by the United States Supreme Court in 1954, multiple studies have been developed on the backlash effect. It consists in a conjunction of efforts deriving from a reaction, frequently conservative, promoted by groups that usually challenge progressive decisions in an attempt to maintain the status quo. As such, the present thesis aims to portrait the singularities of the backlash effect amongst the legal and political scenario in Brazil, as to analyze a possible relation between its occurrence and the current Brazilian institutional and political crisis. For this purpose, a vast bibliography was utilized, as well as some amendment proposals to the Constitution, whose constant reasonings of a proposal act were interpreted following the inductive method. At last, the initially raised hypothesis was confirmed, since three measures were taken to mitigate the backlash: further practice of interactive democracy, the incentive of having parliamentary groups taking part as amici curiae in the formation of binding precedent by the Brazilian Supreme Court and the rise of quorum for the approval of a constitutional amendment.