MUTAÇÃO CONSTITUCIONAL: UMA ANÁLISE A PARTIR DA CONSTITUIÇÃO DE 1988.

Abstract

This study analyzes the phenomenon of constitutional mutation in the Brazilian context, highlighting how the Constitution adapts to social transformations without the need for formal changes to its text. The main objective is to understand how the Supreme Federal Court (STF) adjusts the interpretation of the Constitution in response to new social paradigms, meeting the demands of contemporary society. The choice of this topic is justified by the growing relevance of this legal phenomenon and the essential role of the STF, which, despite criticisms of judicial activism, addresses conflicts and issues unforeseen by the original constituent, reflecting the evolution of law. The methodology adopted was qualitative, including bibliographical and jurisprudential analysis of five relevant cases of constitutional mutation judged by the STF, in which the court reinterprets constitutional norms to meet new social needs. The research reveals that the STF uses the mechanism of constitutional mutation to uphold the effectiveness of fundamental rights, demonstrating the flexibility of law in keeping pace with social transformations and the importance of the court as the guardian of the Constitution in the face of new realities.