CONSTITUTIONAL MUTATION AS NORMATIVE EVOLUTION OR CONSTITUTIONAL PATHOLOGY: TIME AND LAW IN THE LIGHT OF HERMENEUTIC-PHILOSOPHICAL

The article aims to analyze the relationship between time and law, especially based on the theoretical work of François Ost, concentrating the focus on the nature and limits of the constitutional mutation. More specifically, the central problem of the research concerns the informal constitutional mutation and its possible limits. In this sense, it is sought to verify how the abovementioned phenomenon, given the hypothesis that it occurs without controls, can result in the submission of the jurisdiction, especially the constitutional one, to the paradigm of the philosophy of the conscience, since the decisions loaded with excessive subjectivity allows the judge the power to decide as he wishes, conferring to the norm the meaning he understands, which ultimately ends up weakening the Constitution, the democratic principle and the separation of powers. The method employed is the hermeneutic-phenomenological, so that the central object of the research – i.e., the phenomenon of constitutional mutation – can be approached and reconstructed by the interpreter based on its doctrine of origin, in contrast to current Brazilian constitutional reality