Progressive Constitutional Theories, Backlash and Vaquejada

摘要

The article highlights the relation between constitutionalism and democracy in progressive constitutional theories such as law as integrity, judicial minimalism and democratic constitutionalism showing their differences regarding the role Courts have in solving constitutional controversies as well as the effects of their decisions (backlash). Finally, it discusses the vaquejada’s case (ADI n. 4.983) in order to show how such progressive constitutional theories and their answers to the backlash can help to enlighten some points that are neglected in our constitutional practice yet without advocating in favor of importing such theories to Brazil.