Teoria da abstrativização do controle difuso de constitucionalidade: uma análise da mutação constitucional do art. 52, inciso X da CR/88

Abstract

The purpose of this paper is to analyze the theory of abstractivization of the diffuse control of constitutionality, through the study of the hermeneutics of art. 52, subsection x, of the Federal Constitution along the evolution of the Brazilian constitutional system. There is an evident approximation of the effects of the decisions made in the diffuse and concentrated control of constitutionality. Notably, in view of the recent decisions handed down in the direct actions of unconstitutionality 3406 / RJ and 3470 / RJ, Min. Rosa Weber's report, judged on 11/29/2017, it is already possible to hear several voices defending the occurrence of a constitutional mutation of the Art. 52, subsection x, of the Federal Constitution. Such a mutation is justified by the need to give the device a reinterpretation more in line with current Brazilian constitutionalism. From this perspective, an analysis will be made of the role of the Federal Senate in the diffuse control of constitutionality, of the arguments that reject and defend the theory of abstractivization, as well as of jurisprudential precedents.