Mutação constitucional e a crise da democracia representativa

Detalhes bibliográficos
Ano de defesa: 2015
Autor(a) principal: Santos, Anderson Clei lattes
Orientador(a): Coelho Neto, Ubirajara lattes
Banca de defesa: Não Informado pela instituição
Tipo de documento: Dissertação
Tipo de acesso: Acesso aberto
Idioma: por
Instituição de defesa: Universidade Federal de Sergipe
Programa de Pós-Graduação: Pós-Graduação em Direito
Departamento: Não Informado pela instituição
País: BR
Palavras-chave em Português:
Palavras-chave em Inglês:
Área do conhecimento CNPq:
Link de acesso: https://ri.ufs.br/handle/riufs/4362
Resumo: The research aims to investigate the phenomenon of constitutional change, as primarily from the German doctrine and understanding of the Supreme Court on the theme. For this, are analyzed, especially the works of Jellinek, Hsu Dau-Lin and Konrad Hesse, facing the influence of these lawyers for the contemporary legal thinking and understanding of the issue of constitutional change. In this perspective, we see also how the Supreme Court uses and defines constitutional mutation. This analysis how the Court works the question is made from the analysis of the judgment of the Constitutional Complaint No. 4335-5 / A mainly of Votes of Ministers Gilmar Mendes, Eros Grau, Joaquim Barbosa, Sepúlveda Pertence and Teori Zavascki, we could see the importance of this precedent to develop the theme of constitutional mutation in Brazil. In the construction of the dissertation seek the contributions of philosophical hermeneutics of Hans-Georg Gadamer and jusphilosophical theory Dworkin for a justification of constitutional change and his own conceptual restriction. The analysis of the philosophical hermeneutics of Gadamer involves the identification of what it comprises by |tradition, authority and prejudice| among other issues that are the philosopher German´s object of study. In the case of Dworkin, our interest is focused on the understanding of its |constructive interpretation and their understanding of law as integrity| .The two analyzes of thinkers - Gadamer and Dworkin - are obtained by direct consultation of his major works and renowned commentators on his thoughts. At the end, based on Gadamer, are identified cases in which one there was a dialogical interpretation of the constitutional text, and proposed an understanding of constitutional mutation dialogic in order to give greater democratic legitimacy to the constitutional changes. However, it is recognized that this proposal presents some difficulty, since the very decision of the Supreme Court on complaint 4335 / AC reveals a crisis of the representative system and a difficulty for dialogue.