EFEITO BACKLASH VERSUS ATIVISMO JUDICIAL: CONSEQUÊNCIAS DO EMBATE ENTRE O PODER LEGISLATIVO FEDERAL E A SUPREMA CORTE NO SISTEMA JURÍDICO BRASILEIRO

Abstract

This article, presented as a course completion requirement, discusses the origins and developments of constitutional conflicts caused by judicial activism adopted by the Supreme Federal Court. With this approach, matters of great relevance to Brazilian society end up being regulated by judicial decisions, which in turn provoke negative social reactions to the judiciary's actions, prompting the Legislative Branch to create legal provisions that are entirely opposed to the court’s rulings — a result referred to as the backlash effect. Furthermore, this work will present the definitions and origins of the two terms, judicial activism and backlash, from the perspective of various national and international authors. Subsequently, it will address the most impactful examples within the Brazilian legal system, such as the recognition of same- sex unions, the legalization of Vaquejada, the time frame for demarcation of Indigenous lands, the decriminalization of marijuana possession, among others. The approaches adopted will be exploratory and descriptive, using the inductive method to explain the legal phenomena in question and to understand the specific cases in which the backlash effect is present in the Brazilian legal system.