Banca de DEFESA: Emilio Balieiro de Souza

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Emilio Balieiro de Souza
DATE: 18/12/2023
TIME: 17:00
LOCAL: https://teams.microsoft.com/l/meetup- join/19%3ameeting_ZmNjMTBkYzYtM2FkOC00NzMwLTk0N2MtMDU5NDlhOTY5
TITLE:

"The Backlash Effect and its contribution to the increase of Democratic coefficient in society"

KEY WORDS:

Backlash effect, Democratic Constitutionalism, Federal Supreme Court

PAGES: 115
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The constant tensions caused by decisions in constitutional jurisdiction have, over the last few years, caused a constant clash between the Judiciary Branch and the people (and their representatives), generating the so-called Backlash Effect. The aim of this study is to assess the contribution of this legal-social phenomenon to an increase in the democratic coefficient in society. To this end, the theory of Democratic Constitutionalism, developed by Robert Post and Reva Siegel, was used as the theoretical framework for the study. The research is supported by bibliographic consultation of legislation, doctrine and case law (national and foreign, mainly North American), in addition to evaluating the social reaction in three cases decided by the Federal Supreme Court (STF). The intensity of social resistance was measured using a formulation proposed by Samuel Fonteles (2019). In view of the responses obtained, we reached the conclusion that journalistic and public criticism bring greater transparency and publicity to the decisions of the constitutional court, even if it timidly meets popular desires; legislative reactions contrary to the decisions tend to make the dialogical nature of powers unfeasible, among other results observed. This study concludes that the backlash effect is a multifaceted phenomenon since it can be instrumentalized by any part of the community and can also be used as an indicator of greater dialogue between the Constitutional
Court and society.

COMMITTEE MEMBERS:
Interno - 1640199 - DOUGLAS ANTONIO ROCHA PINHEIRO
Interna - 1728968 - ENEA DE STUTZ E ALMEIDA
Presidente - 1012528 - JOAO COSTA RIBEIRO NETO
Externo à Instituição - SAUL TOURINHO LEAL - IDP