Supremas Cortes e Efeito Backlash: o Caso das “Vaquejadas” no Brasil

Could the object of a law declared unconstitutional by the Supreme Court be reintroduced into the legal system this time through an amendment to the Constitution? And if this amendment is based on elements protected by the Constitution, such as cultural manifestations? The Federal Constitution of 1988 brings in its art. 2nd the separation of the Powers as an explicit stone clause. Could an amendment that admits a constitutionally based exception subscribe to a practice considered by the Supreme Court as capable of subjecting animals to cruelty? The evolution of the times and social and cultural advances are part of the transformation of society itself and this transformation can take place in accordance with the Constitution, and the Supreme Federal Court, in the exercise of its duty to guard the Constitution, preserve the stone clauses notably in the face of political initiatives that try to overcome the transformative effect inherent to the effects of the full exercise of the not majority character of constitutional jurisdiction. Thus, the present work aims to make a constitutional analysis, through bibliographic, legislative and jurisprudential review methodology of the practice of the so-called “vaquejadas” in Brazil and its consequences from a decision taken by the Federal Supreme Court that gave rise to an immediate political reaction through the approval of a constitutional amendment by the National Congress.