A CIÊNCIA JURÍDICA E O TEMPO: PERSPECTIVAS DA MUTAÇÃO DOS CONCEITOS ESTRUTURAIS DO ORDENAMENTO JURÍDICO JUNTO AO CORRER DAS ÉPOCAS

Abstract

The present work has the power to analyze the influence of time in the construction of normative meaning, with the mutation of the structural concepts of law in the course of the epochs, especially in view of the jurisprudential activity and of the much promoted judicial activism. Changes in normative significance result in constitutional mutation and new definitions for normative phenomena according to the new demands of the social fabric. In this exercise, one must analyze the consequences of when one extrapolates the limits imposed by the normative conception brought by the concept of constitutionality block, resulting in judicial activism, seeking to understand the limits of this activity when in vogue the perception of a systematic and evolutionary interpretation of the norm legal basis. In this way, the concept, limits and most important modalities of the constitutional mutation will be perennially studied, only in the end, even in partial conclusions, to seek to correlate with practical examples of judicial activism by the Federal Supreme Court and a possible rupture with the current notion of an open legal system circumscribed by the concept of a constitutionality block.