A mutação constitucional e a coisa julgada no controle abstrato de constitucionalidade : análise de um fragmento da jurisprudência no Supremo Tribunal Federal

Resumo Ingles

n this thesis, the author intends to analyse the relationship In this thesis, the author intends to analyse the relationship between constitutional change and res judicata in the context between constitutional change and res judicata in the context of the judicial review ( of the judicial review ( abstrakte Normenkontrolle abstrakte Normenkontrolle ) performed performed by the Brazilian Supreme Court. by the Brazilian Supreme Court. To this end, the author To this end, the author begins begins the thesis the thesis by studying the by studying the development of the concept of constitutional change, since it development of the concept of constitutional change, since it was first proposed was first proposed by Jellinek through the lenses by Jellinek through the lenses of of sociological positivism until sociological positivism until Hesse Hesse reshaped it reshaped it under the under the influence of hermeneutics. influence of hermeneutics. Then, the author analyses Then, the author analyses res res judicata judicata in the context of judicial in the context of judicial review review,, drawing drawing the difference between the difference between res res judicata judicata in the in the context of judicial review and context of judicial review and res res judicata judicata in the context of in the context of judicial review. judicial review. Finally, the autor analyses a series of opinions delivered as Finally, the autor analyses a series of opinions delivered as judicial review in the light of the study on judicial review in the light of the study on constitutional constitutional change and constitutional change and constitutional res res judicata judicata , in order to describe , in order to describe how how the Brazilian Supreme Court relates one another. the Brazilian Supreme Court relates one another.