CODIFICATION OF THE CONSTITUTIONAL PROCESS AND THE CRISIS OF BRAZILIAN CONSTITUTIONAL JURISDICTION: REFLECTIONS BASED ON THE GENERAL PROVISIONS OF BILL NO. 3,640/2023

Abstract

This article critically analyzes the general provisions and precautionary mechanisms established by Bill No. 3.640/2023, which proposes the codification of Brazilian constitutional procedure within the framework of abstract judicial review. The study is based on the premise that normative fragmentation, the expansion of monocratic decisions, and the weakening of collegial deliberation within the Federal Supreme Court have generated significant impacts on legal certainty, particularly regarding its pillars of comprehensibility, stability, and predictability. The research examines provisions related to the principles of constitutional procedure, procedural fungibility among constitutional actions, interim measures, the powers of the reporting justice, and the participation of amici curiae, seeking to determine whether the proposed legislation is capable of addressing the structural deficiencies currently affecting Brazilian constitutional jurisdiction. The article adopts a deductive methodology, combining bibliographical review, doctrinal analysis, and critical normative examination of Bill No. 3.640/2023, grounded on Humberto Ávila’s theory of legal certainty. It concludes that, although the proposal represents an important step toward the systematization of constitutional procedure, significant conceptual shortcomings and excessive discretionary powers remain, potentially undermining procedural rationality, decisional predictability, and the democratic legitimacy of Brazilian constitutional adjudication.