The present study aims to deal with current responses that the political powers of the
Union propose to make, in the face of decisions made by the Federal Supreme Court
understood by part of the doctrine as being the result of judicial activism, with a special
focus on the case of prison after conviction in second instance. The referred case
developed over time a certain particularity, namely, the successive capacity, by the STF,
to modify its understanding. It is clear, currently, that certain actions of the Supreme Court,
especially when related to issues sensitive to society – and this is the case because it is
on the list of most important issues for Brazilian society, namely public security –, generate
concerns and consequent responses by the Legislative Branch, the Executive or even
society, which are called the “backlash effect”, which in turn can ultimately cause a major
setback in the field of individual rights, as similar cases demonstrate. This work will be
developed using a critical-dialectical approach, through a case study, using the
hypothetical deductive method. A bibliographical research will be carried out collecting
data obtained from Brazilian legislation, doctrine and jurisprudence.
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