A (in)existência de limitações constitucionais ao poder de mutação pelo Supremo Tribunal Federal.

Abstract

The present monographic work has the purpose of analyzing the phenomenon of the constitutional mutation, exposing the idea of several authors and jurists on the subject. Thus, the content to be presented has as a problem to identify the (in)existence, of constitutional limitations to the power of mutation by the Supreme Federal Court. As is well known, the constitutional order provides for the possibility of formal constitutional reforms and changes. However, it does not expressly establish the constitutional mutation, which is a doctrinal and jurisprudential construction, being defined as a phenomenon in which the non-formal alteration of the Constitution occurs, without its text being altered. Notwithstanding this, it should be noted that the Supreme Federal Court is the main cause of the phenomenon of constitutional change, which is occurring in the sense of updating the Constitution to the current context of society, causing a change in the original sense of the norm made by the legislator, causing a possible offense to the separation of powers. Thus, the present research, carried out with the help of doctrines, jurisprudence, periodicals and laws, sought to obtain the truth to reach conclusions and produce a position on the subject, seeking the understanding and interpretation of the Supreme Federal Court judgments that remained analyzed. Given this, the appreciation of the phenomenon of constitutional mutation under the aegis of the existence of limits to the action of the Supreme Federal Court, and its conformity to the principle of Separation of Powers, is of great relevance.