A teoria da abstrativização no controle difuso de constitucionalidade: a mutação inconstitucional do artigo 52, inciso X, da Constituição Federal de 1988

Abstract

“Abstractiveness” of the diffuse control of constitution is a theory which allows the Supreme Court to adopt in the diffuse control exclusive effects of concentrated control, conferring on these decisions erga omnes effects regardless of the Federal Senate Resolution envisaged in art. 52, intem X of Federal Constitution to suspend the effectiveness of laws declared unconstitutional by the Supreme Court's final decisions. In these sense, the jurisdiction of the Senate would be mere advertising effect of the decision of the Supreme. This understanding is based on informal changes in the sense of art. 52, item X, of the Federal Constitution with the process of constitutional mutation. The objective of this work is to study the applicability and legitimacy of this theory in Brazil. For this, it is necessary to verify the possibility of a constitutional mutation with art. 52, item X of Federal Constitution, according to its legal nature.