A relativização das Cláusulas Pétreas no Ordenamento Jurídico Brasileiro: uma análise dos limites de atuação do Poder Constituinte Reformador.

Abstract

The present monograph advocates that the limits be applied to prevent the relativization of the stone clauses by the Reformed Constituent Power, since in case there is no such protection, it is violating Article 60, §4 of CF / 88. The work analyzes the historical evolution of the Constituent Power, this Power is subdivided into two, the originating Power and the derivative. The chapters will address that the Derivative Power has competence to modify the constitutional text seeking to meet the social yearnings. However, such changes shall only be possible if they do not exceed the limits set forth in the Charter, expressed in Article 60, § 4 CF / 88, which are the stony clauses. In the course of this work, the relativization of the stone clauses will be clarified, thereby causing a violation of the limits imposed by the Constitution of 1988, through constitutional amendments. The relevance of this work is justified so that society, law scholars and authorities understand that the core of Article 60, § 4 and paragraphs of CF / 88, has been violated, and seeks to defend the supremacy of the Constitution in its original text. In order to achieve the objectives, the deductive method was used, so that it can be demonstrated that the rigidity of the constitutional text is not respected by the legiferante power, allowing relativization of the stone clauses. The research technique was the bibliographical and virtual, having as main source the Constitution and secondary doctrines of renowned jurists.