INTERPRETATION OF THE NORMATIVE TEXT: THE CONSTITUTIONAL MUTATION`S LIMITS IN BRAZIL

Abstract

The research is interested in the legal interpretation`s limits, as a whole; and, among these limits, on the interpretation of the constitutional text, in particular. On the latter, the research is limited to the constitutional mutation, a symbol of the national linguistic capacity, of the interpreter and of the normative text itself, something that could produce huge legal reflexes, when such interpretation is carried on the constitutional text. Seeking to understand the limits of such mutation, the existing parameters between the text itself, on the one hand, and the normative superiority of the Constitution, on the other, will also be considered. With the prism of mutation as the main object, examples were adopted of how the modulation of the effects of a declaration of unconstitutionality and also of how the control of interpretation could, in theory, control the effectiveness of a norm, as long as such modulation disguises there would be a special mutation. The research then seeks to build a legal regime on the Brazilian constitutional mutation, an interpretive technique that necessarily has limitations of some orders. In the meantime, the aspects of democratization of the constitutional interpretation for the theme also proved to be relevant, insofar as this opening is covered by the democratization of political power itself. The constitutional mutation, object of the research, imposes a legal regime that does not depart from legal security, something present in every legal interpretation.