CONSTITUTIONAL CHANGES IN THE BRAZILIAN LEGAL SYSTEM AND THE JOINT JUDGMENT OF ADPF 132 AND ADI 4,277

Authors

  • Izabel Maria de Barros
  • Diogenes José Gusmão Coutinho

DOI:

https://doi.org/10.51891/rease.v9i5.9685

Keywords:

Informal processes for amending the Constitution. Constitutional mutation. Constituent power. Diffuse. Social changes. Limits. Same-sex stable union.

Abstract

In addition to the formal amendments to the constitutional text, another phenomenon has gained a lot of importance in the Brazilian legal system in recent years: constitutional mutation - treated as a process of informal modification of the Constitution. In the joint judgment of ADPF 132 and ADI 4,277, the STF decided to re-read the constitutional provision to allow the stable union of people of the same sex based on a constitutional mutation. Therefore, it is important to study the concept of this phenomenon, its causes, origin and limits.

Author Biography

Diogenes José Gusmão Coutinho

 

 

Published

2023-05-31

How to Cite

Barros, I. M. de, & Coutinho, D. J. G. (2023). CONSTITUTIONAL CHANGES IN THE BRAZILIAN LEGAL SYSTEM AND THE JOINT JUDGMENT OF ADPF 132 AND ADI 4,277. Revista Ibero-Americana De Humanidades, Ciências E Educação, 9(5), 230–242. https://doi.org/10.51891/rease.v9i5.9685