Judicial activism or constitutional control

Aalysis of the case of vaquejada in light of Direct Action of Unconstitutionality n. 4983

Abstract

Objective – To analyze the role performed by the Brazilian Supreme Federal Court (Supremo Tribunal Federal – STF) in the protection of the environment, based on the examination of Direct Action of Unconstitutionality No. 4983 (the “Vaquejada Case”) and its consequences, focusing on the distinction between activist decisions and those related to the exercise of constitutional review, especially considering Article 225 of the Federal Constitution.
Methodology – The study adopts a qualitative approach, drawing on bibliographic and documentary research techniques. Doctrinal sources, scientific articles, and relevant judicial decisions were also analyzed, making it possible to demonstrate the tensions existing between politics and law in the treatment of environmental issues, as well as in the exercise of constitutional jurisdiction by the STF.
Originality/Relevance – The research is relevant in view of the increasing judicialization of politics and the tensions among the Legislative, Executive, and Judicial branches, particularly in sensitive matters such as environmental degradation and animal cruelty. The originality of the study lies in its critical analysis of the STF’s role in the Vaquejada Case, revealing the risks inherent in the dispute for the power of the “last word.”
Results – The analysis shows that, in its judgment of ADI No. 4983, the Supreme Federal Court exercised constitutional review, reaffirming the normative force of the Federal Constitution. It is concluded that the Court acted within the limits of its jurisdictional function, ensuring compliance with the provisions of Article 225 of the Constitution, without characterizing judicial activism. On the other hand, considering the observed backlash effect, it was possible to identify a lack of institutional dialogue, which led to the filing of two new Direct Actions of Unconstitutionality (ADIs Nos. 5728 and 5772). An examination of the votes rendered reveals that the positions adopted fall far short of what the constituent legislator intended when enacting Article 225, paragraph 1, item VII, of the Federal Constitution.
Theoretical/Methodological Contributions – The study contributes to the theoretical deepening of the distinction between judicial activism and constitutional review, offering analytical parameters for understanding the STF’s role in environmental matters. From a methodological perspective, it reinforces the importance of institutional dialogue so that decisions may be reached in a more assertive manner, grounded in technical and legal reasoning.
Social and Environmental Contributions – There is no denying how devastating human action can be when the limits of nature are disregarded in the relentless pursuit of profit, or when those responsible for ensuring environmental protection act outside their constitutional competences. In this sense, the analysis of Direct Action of Unconstitutionality No. 4983 and its developments is of paramount importance for understanding the limits of the actions of each actor involved in the creation and control of legislation, highlighting their role in ensuring environmental preservation for present and future generations.