Progressive constitutional theories, backlash and vaquejada

Abstract

The article highlights the relationbetween constitutionalism and democracyin progressive constitutional theories suchas law as integrity, judicial minimalism anddemocratic constitutionalism showing theirdifferences regarding the role Courts have insolving constitutional controversies as wellas the effects of their decisions (backlash).Finally, it discusses thevaquejada’scase (ADIn. 4.983) in order to show how such progressiveconstitutional theories and their answers to thebacklashcan help to enlighten some points thatare neglected in our constitutional practice yetwithout advocating in favor of importing suchtheories to Brazil.

Keywords

• Constitucionalismo progressista
• Backlash
• Vaquejada