EFEITO BACKLASH À BRASILEIRA: REFLEXÃO SOBRE O FENÔMENO NO PAÍS

Abstract

The present work aims to analyze the backlash effect, defined as the intense public rejection of judicial decisions, which emerges from an American context characterized by intense interactions between the Legislative and Judiciary powers. In Brazil, in a similar way, the phenomenon is observed in the troubled relationship between the Federal Supreme Court and the National Congress, particularly after the 1988 Constitution, which strengthened the Judiciary as an autonomous political power. With the rise of judicial activism and the judicialization of politics, the federal Legislative body has reacted with proposals to reverse judicial decisions, creating an environment of conflict that impacts democracy and the stability of the Rule of Law. With an explanatory approach, using the inductive method, with bibliographical review being the main method, it is understood that the dynamics of the backlash manifests itself as a lack of commitment by the Federal Senate and the Chamber of Deputies with deliberative democracy, confronting the incentive to collaborative constitutional interpretation process, involving all powers of the State, instead of being monopolized by a single institution.