Efeito backlash na jurisdição constitucional: constitucionalismo democrático e a expulsão de estrangeiros com filhos no Brasil

Abstract

This article aims to analyze how the “backlash” effect, in constitutional jurisdiction, can affect the decisions of the Supreme Federal Court on the expulsion of foreigners with children in Brazil and the importance of democratic constitutionalism in this situation. Therefore, a deductive approach was used, using bibliographic, jurisprudential and legislative sources. In this way, we will envision the consideration of the possibility of surrendering or not the foreigner who has a child, minor or not, under his or her economic or emotional dependence and the protection of the family in the cases analyzed.