O papel do Senado Federal no controle de constitucionalidade brasileiro e os limites às mutações constitucionais: uma análise da reclamação constitucional nº 4.335-5/AC à luz da CRFB/88

Abstract

The work in question is mainly focused on the analysis of the Constitutional Complaint Nº 4335-5/AC. This is because, the rapporteur of the case, Justice Gilmar Mendes defended his vote on the constitutional mutation of the art. 52, X, the CF/88, in order to understand the role of the Senate in diffuse control of constitutionality should be limited solely to publicize the decisions of the Supreme Court to declare unconstitutional the law. However, this mutation, it seems, goes beyond the interpretative possibilities of the constitutional provision which is clear in providing that the Board of State has the authority to suspend enforcement of the law declared unconstitutional, not just to give publicity to the decision of the Praetorium exalted. Thus, throughout the paper will address some points regarding the control of constitutionality Brazilian model as well as some ideas about constitutional change, important for the understanding of this study. Moreover, a narrative of the main arguments ventilated by the Minister-rapporteur to justify a finding of a constitutional mutation of the device, for after making an analysis about the current role of the Senate in control of Brazil's constitutionality will take place, as well how about the constitutionality of the mutation advocated by the rapporteur of the complaint and in this thesis implies about the Brazilian legal system. Finally, in view of the final judgment of the Constitutional Complaint, with the publication in March of this year, will be seen the thesis advanced by the Minister Gilmar Mendes was accepted or not.