Os ataques aos direitos fundamentais pelo efeito backlash e a resposta da democracia constitucional

Abstract

In recent years, especially after the impeachment of former president Dilma Rousseff in 2016, there has been an observed increase in political and social movements challenging historic achievements in terms of fundamental rights. This phenomenon, known as the "backlash effect," involves reactions against progress in areas such as gender equality and freedom of expression, manifesting through hate speech, legislative measures, and policies that result in the relaxation or revocation of previously consolidated fundamental rights. The proposed research aims to understand the challenges faced in protecting fundamental rights in the face of this phenomenon within the context of Brazilian constitutional democracy, analyzing the available mechanisms for their protection. The main hypothesis suggests that the backlash disproportionately affects minority and marginalized groups, exposing inequalities and violations of rights. To investigate this issue, a bibliographic survey approach with literature review and document analysis was adopted, focusing on norms, legislation, and judicial decisions, especially from the post-impeachment scenario of 2016. In the analyzed cases, the impact of judicialization and the manipulation of common sense will be explored, along with the consequent political polarization in the dissemination of hate speech and the weakening of fundamental rights. Additionally, the impact of the backlash effect on the mechanisms of protection of fundamental rights will be examined, seeking to identify strategies to protect democracy and strengthen social justice in the face of the threats posed by the backlash effect. As a result, it was observed that the backlash effect has led to the weakening of democratic institutions and fundamental rights, and the main conclusion is that Brazil, within its constitutional framework, has mechanisms to protect fundamental rights, but these mechanisms have not been sufficient to block the Backlash Effect, especially in the more contemporary context.