A interpretação judicial como meio juridicamente idôneo de mutação constitucional

Abstract

Presents the importance of the judge’s participation in the constitutional law interpretation process in Brazilian juridical context. Describes the phenomenon of constitutional mutation and defines them as changes in the reach, meaning or subject of their laws, without textual and formal alteration. Emphasizes the relevancy of the democratization and opening of the interpretative process and the constitutional purposes fulfillments. Lists the formal modifies ways that the Federal Constitution establishes. Makes some considerations about the judicial activity institutional limitations and their importance for the constitutional defense practice and ratifying their lawful for the accordance between the social reality and the legal order. Relates the fundamental principles as material limits for constitutional hermeneutic and drawing a parallel between them and the constitutional legislators action. Shows conclusions admitting the juridical singular organizations interference in the normative constitutional reconstruction.