Perdura a constitucionalização do direito financeiro: análise da (in)constitucionalidade do fenômeno de reforma da constituição financeira

Abstract

The term constitucionalisation describes two different phenomenons regarding the constitutions. First of all, it represents the increase of subjects within the Constitution, as opposed to the stance that used to consider the state organization as its prior concern. Therefore, subjects such as the Budget Law are now treated directly in the text, leading to the doctrine that there is now a Budget Constitution inside the Constitution itself. Furthermore, constitucionalisation can also be used to describe the observation of the constitutional norms by all instances of public power and private relations, whose procedures have to comply with the constitutional rights doctrine. The fact that the constitutions tend to allow ammendments to its own texts does not diminish this protagonism, quite the opposite, changes may contribute to ensure its survival troughout different times. Resuming to the topic of the brazilian Budget Constitution, several ammendments have been approved over the years, leading to a constitucionalisation in its first meaning, as an increase of norms in the Constitution. Based on this premisse, this study aims to analyse if those changes are also honoring the phenomen that ensures the observation of the constitutional rights.