O direito adquirido face às emendas constitucionais

Abstract

The importance of the research on the subject "the acquired right face to the Emendations Constitutional" is in defending the principie of the legal security in the native order. This scientific work presents the concept of Being able Constituent, enumerating its main aspects. It appraises acquired right, differentiating this of the subjective right and the expecting right. Law in interpolated proposition XXXVI of the article clarifies the meaning of term 5° of the Federal Constitution and discourses on the existing controversy around it. It analyzes the differences between guarantees and rights; it evaluates the positionings of the doctrine and the jurisprudence how much to the prevalence of the right acquired before the constitutional ruleses proceeding from emendation. It makes one brief exposition of the excellent principies for the understanding of the substance. It examines questions of practical order and it criticizes the "easiness" with that the Emendations are approved (inobstante the existence of a legislative process) in reason of the interests of the governing, that they look to mold the Constitution in accordance with its plans of administration.