A mutação constitucional do art. 52, x, da Constituição: uma análise da teoria da abstrativização do controle difuso de constitucionalidade à luz dos processos informais da mudança da Constituição

Abstract

This paper analyzes the constitutional mutation of Article 52, X, of the Constitution of the Federative Republic of Brazil, already declared by the Federal Supreme Court, with a focus on the analysis of informal processes of constitutional change, the system of constitutional control adopted in Brazil, and the theory of the abstractness of diffuse constitutional control. To this end, the theme of constitutional mutation is explored, as well as the difference between it and unconstitutional interpretation. Furthermore, the mixed system of constitutional control in Brazil is analyzed, explaining the differences between concentrated and diffuse controls. After highlighting the possibility of bringing the effects of both forms of constitutional control closer together through the granting of erga omnes effectiveness to declarations of unconstitutionality in diffuse control, an exposition on the theory of the abstractness of diffuse constitutional control is presented, discussing whether or not there has been a constitutional mutation of Article 52, X, of the Constitution and the respective removal of the competence originally attributed to the Federal Senate by the Constituent Power.