The banalization of the impeachment in brazilian law and the backlash effect

Abstract

The present study aims to analyze how the process of political representation took place and, consequently, its relationship with the ways developed by societies of accountability of political representatives. The article is divided into three central axes. The first is dedicated, therefore, to present the evolution of parliamentarism and how the Government is held accountable through the use of the motion of censure or vote of no confidence. The second axis presents the basic differences that exist between the institute developed effusively in the United States of America which is called political recall, a mechanism that allows citizens to exercise their political right of representation and vote more widely and legitimately, whether maintaining or revoking a mandate. The third axis broadly presents the fundamental bases of impeachment in the Brazilian legal system, presenting the ways in which the Supreme Federal Court, the Chamber of Deputies and the Federal Senate behaved in the face of the two impeachment processes to which society was submitted. The main objective of the study develops within this last axis, demonstrating that the impeachment process was trivialized as of 2015, serving as a subterfuge to remove authorities constituted by the vote and in an attempt to suffocate and intimidate the exercise of constitutional jurisdiction. Finally, it reports the defense of the Democratic Rule of Law and the guarantee of Supremacy of the Constitution based on the constitutional competence of the Supreme Federal Court and how the social reactions through backlash arising from anti-establishment movements in the face of judicial decisions and public policies developed, following the path by examining what the phenomenon is and its relationship with social discontent and impeachment.