A insegurança jurídica como reflexo da mudança de interpretação de norma constitucional

Abstract

The present work aims to study relevant aspects of the legal uncertainty caused by the change in the interpretation of a constitutional rule. It also demonstrates that the interpretation of the law can and must change as a result of the evolution of the law itself. However, this must be conceived as something exceptional, as constant changes promote the inefficiency of the fundamental right to legal certainty, considering that, in the face of the conflicts brought to judicialization, predictability must ensured as to the effects that will be applied. Approached under the legal, cultural and ideological aspects, the theme aims to reveal the threat to the confidence of those under the jurisdiction of the legitimacy of the acts practiced by the Judiciary Power based on sudden changes in thesis that promote the inefficiency of the juridical system.