VAQUEJADA, BACKLASH E O PARADOXO POLÍTICO-JURÍDICO DA PONDERAÇÃO PRINCIPIOLÓGICA

VAQUEJADA, BACKLASH AND THE POLITICAL-LEGAL PARADOX OF PRINCIPIOLOGICAL WEIGHT

Abstract

The vaquejada has a strong cultural base, opposing the state prohibition of practices that subject animals to cruelty. The article seeks to legally analyze the practice of vaquejada and the backlash effect, in view of the relevant legislation and the possibility of its occurrence. The exercise of judiciary power was critically approached when the procedural conduction of Direct Action of Unconstitutionality No. 4,983, absent from social legitimation, resulting in the effect backlash. The present study also makes considerations to the principiological weighting carried out by the Brazilian Federal Supreme Court (STF) in the collision between collective fundamental rights using Robert Alexy's theory, known as sopesamento or balancing of principles. The study was based on the methodology through a descriptive and exploratory procedure, through qualitative research and theoretical investigative analysis of historical and legal research sources, supported by the normative, documentary, bibliographic and jurisprudential framework. The thematic was justified in view of the legal repercussion of the judgment in concentrated control, giving rise to the backlash effect in the legislation that deals with vaquejada. The performance of the constitutional jurisdiction of the Supreme Court (STF), without social protection, had an impacted on the edition of Constitutional Amendment No. 96, which has material unconstitutionality, which is a dissent which already requires and will continue the important legal reflections on the legal community.