A interpretação e a mutação constitucional
AUTOR(ES)
Adalberto Robert Alves
DATA DE PUBLICAÇÃO
2006
RESUMO
This work deals with the mutation of the Constitution through the interpretation, which occurs when there is a change of meaning, sense and reach of the constitutional norm, remaining untouched its normative text, different from the constitutional reform, when the change of Constitution is due to a change of its own text. In order to the constitutional mutation may be correctly analyzed, firstly is studied the juridical interpretation, its importance, object and methods, and also the interpreter. In the sequence, there is the approach of the constitutional interpretation, which has similarities, but also significant differences, to the juridical interpretation. It is given a highlight to the constitutional interpretation, its specificities, the principles of interpretation, the text and the constitutional language, its several interprets and the specific methods of constitutional interpretation. To conclude the work, considerations are made about the mutation and also about the constitutional reform, to well distinguish them and to establish theirs borders. It is also analyzed how the different interprets of the Constitution, specially the Judiciary, act to make feasible its mutation, a task that is facilitated by its specificities, as the great presence of dubious and ambiguous words, principiologic norms and strong axiological load
ASSUNTO(S)
brasil -- direito constitucional -- interpretacao e construcao direito constitucional interpretação constitucional direito constitucional -- interpretacao e construcao mutação constitucional reforma constitucional
