Limites ao poder de reforma da constituição : as regras de transição à luz dos direitos fundamentais

Abstract

The research focuses on the power of constitutional reform, with an emphasis on the transitional rules of Constitutional Amendments in Brazil, in the light of an adequate understanding of the theory of Fundamental Rights, confronted by the understanding that there is no acquired right to a legal regime. To this end, it analyzes, using the hermeneutic-phenomenological method, the theoretical foundations of the relationship between time and law; the possibilities of constitutional reform in Comparative Law, especially in Germany, Italy, France, the United States of America and Brazil; the reflexes of the exercise of the power of reform in Brazil in the Constitutionalism of 1988 with the analysis of the main Constitutional Amendments that brought transition rules concerning social security rights; culminating in the development of the main interpretative aspects of the theory of fundamental rights that give due protection to the transitional rules of the Constitutional Amendments, in particular, legal certainty, the impossibility of social retrogression and the principle of the prohibition of insufficient protection.