DEMOCRATIC CONSTITUTIONALISM AND THE BACKLASH EFFECT

Abstract

The study is an analysis of the dialogical judicial activism within the scope of the Federal Supreme Court, which by issuing certain decisions causes an impact within society and provokes social reactions of discontent recognized as aspects of the backlash effect. The research is justified due to the observance of imbalance in the institutional scenario presented by the three powers in the face of social and economic instability, in which political decisions end up being judicialized. From then on, the objective is to analyze the legal-social fabric in the context of the backlash effect of the decisions rendered by the STF, as a way of exercising its attributions, based on dialogical judicial activism. It also seeks to understand the phenomenon from a democratic point of view and how situations of apparent conflict between the powers can strengthen democracy as a whole. The deductive method, bibliographic, and jurisprudential research were used.