ADI 4983: o direito ao meio ambiente cultural e o dever de proteção à fauna nos eventos de vaquejadas

Abstract

The theme of this work is the legal regime of the vaquejadas, which runs through an analysis of the factual context of the vaquejadas in comparison with the Fundamental Rights protected in the Federal Constitution of 88. The main objective of the work was to develop argumentative plans correlated to the controversial issues raised during the Judgment of ADI 4983 (ADI da vaquejada) in the STF - with special development of the method of balancing fundamental rights. In addition, it considered the theme according to a controversial institutional dialogue between the Judiciary, Executive and Legislative. The methodological procedure consisted of documentary analysis methodological. Finally, under the pressure of legal uncertainty still lingers over the legal regime of vaquejadas, it was understood that the need to promote popular consultation appears to be the most effective alternative to the concrete realization of third-generation fundamental rights that are stuck in institutional crises.