CONSTITUTIONAL REFORM: A THEORY OF STABILITY OR INSTABILITY OF THE DEMOCRATIC CONSTITUTIONAL PROJECT?

• Autor(a) principal: Souza, Marcelo Serrano
• Data de Publicação: 2015
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Teoria Constitucional
• Texto Completo: http://www.indexlaw.org/index.php/teoriaconstitucional/article/view/194
• topic: Democratic original design, Excessive constitutional reforms, Institutional instability, Violation of constitutional feeling; Projeto democrático original, Excessivas reformas constitucionais, Instabilidade institucional, Violação ao sentimento constitucional

This article aims to analyze to what extent the constitutional reforms imply stability or instability of the constitution. Under constitutionalism, the limitations imposed on the State are aimed at the maintenance and preservation of the democratic constitutional project built by political will manifested by the sovereign constituent assembly. Initially, the study turns to the relationship between constitutionalism and the real factors of power, especially with regard to changing political, economic and social relations and the consequent need for updating constitutional requirements. The main problem relates to the consequences of constant constitutional reforms within the constitutional feeling and stability of the constitutional text. In considering the meaning of a rigid constitution and formal, as is the Federal Constitution of 1988, it reached the conclusion that excessive constitutional reforms constitute factor of instability of the constitution, especially if we consider the violations of the constitutional sense of adherence to the precepts entered into a constitution that is supposed lasting.