Constitutional mutations in the brazilian context of democratic representation crisis

Authors

  • Thiago Coelho Sacchetto Faculty of Law, University of Lisbon, Alameda da Universidade – Cidade Universitária, 1649-014 Lisbon – Portugal

Keywords:

Constitutional Mutation; Three-Dimensional Theory of Law; Crisis of Democratic Representation; Constitutional Reality; Theory of Open Society Interpreters of the Constitution

Abstract

Considering the doctrinal construction about the concept of constitutional mutation and the limits to its application by the courts, this article criticizes the oscillating use of this institute by the brazilian Supreme Court, relating it to the crisis of democratic representation, the hermeneutic theory of open interpreters of the constitution and the influence of social factors for its occurrence.

Published

04-03-2015