Judicialização da política e backlash legislativo no Brasil: uma análise do reconhecimento judicial da união homoafetiva (2011-2018).

Abstract

The phenomenon of intervention by the Judiciary in social and political issues is not a new issue in national and international order. Contemporary Political Science, among the various approaches, examines questions about the possible loss of legitimacy of representative institutions (Executive and Legislative) and the prominent place of judicial institutions in securing minority rights and implementing public policy. In 2011, STF ruled in ADI nº 4.277/DF and in ADPF nº 132/RJ for the recognition of the homoafetive union as a family entity, revealing to the society a liberal position of the Supreme's ministers. On the other hand, as in the case of the USA, it is possible to perceive in Brazil, since 2011, some opposition movements, especially in the conservative parties and religious in the National Congress, in clear opposition to the rights of the LGBT community. The literature names as a backlash the social or institutional reaction to judicial decisions involving civil, political, social and cultural rights as backlash. The main objective of the research is to verify if, in the brazilian case, the judicial process of the homosexual issue by the STF in the constitutional actions caused the legislative backlash in the period after 2011. In order to reach the specific objectives, the adopted methodology was qualitative, exploratory and descriptive, by reviewing the literature on the judicialization of politics and backlash; and by the descriptive analysis and data collection in the sources of the websites of the STF (decision and votes), CNJ (resolutions), House of Representatives and Federal Senate (propositions contrary to the decision) in the period from 2011 to 2018. Despite the finding that judicialization of the subject accelerated the backlash on the part of conservative-religious, especially the Evangelical Parliamentary Front, in the Chamber of Deputies, in the period after 2011; it was verified that the resistance of these sectors has existed at least since the promulgation of the Federal Constitution (1988), characteristic of the confrontation between National Congress and Judiciary in the brazilian political scene.