An Analysis of the material limits of derived Contituent Power

Abstract

This article aims to analyze the origin and functionality of the original constituent power and the derived constituent power, which is subdivided into reformer and consequential, aiming at its origin, functionality and usefulness in the Brazilian State. An understanding of the occasion for the creation of the Immutable Clauses in the current Constitution will be presented and developed, covering the period in which they were incremented, their applicability and effectiveness in protecting the population and the State. Once the aforementioned content has been determined, the current discussions within the sphere of current law will follow, such as the role of the STF, and the attempts to directly and indirectly change the Immutable Clauses and the unconstitutionality of this conduct. The methodology used was the observational method, analyzing all the already existing Constitutions, the historical context of the definitions of the constituent powers and the stony clauses and their untouchability.