JUDICIAL ACTIVISM THROUGH CONSTITUTIONAL MUTATION

Abstract

This article deals with the use of constitutional mutation as an instrument of judicial activism by the Federal Supreme Court in Brazil, using bibliographical methodology to discuss the foundations of a constitution, its possibilities for amendment and the risks posed by the absence of limits and logical criteria that justify the use of constitutional mutation, as well as demonstrating factual examples where cases of legal insecurity caused by the conflicting use of such a tool can be observed. Initially, an attempt is made to contextualize the basic aspects of a constitution, the relationship between the Legislative, Executive and Judicial powers, the powers and limits of the STF and constitutional mutation itself, in order to discuss the importance of establishing a standard of conduct that prevents this tool from being used recklessly.