Os direitos adquiridos e as emendas constitucionais

Abstract

The main purpose of the present thesis is to arouse the interest and encourage debate about the proposed theme, which is: whether there is any conflict between acquired right and constitutional amendment or not, and, in case there is such a conflict, whether the amendment that might suppress or alter the acquired right should prevail. Well, this matter seems to be one of high investigation, once there is difference of opinion over the doctrine regarding this subject. As for the theoretical-methodological aspect, we have adopted the expositive-analytical method whose chronological sequence is as follows: at first we have sketched a general overview of the rules of law dealing with subjects such as existence, validity, efficacy, and period of being in force. As a logical development, the matter of being in force has leaded us to study the application of these rules of law throughout time, which was an opportunity to deal with the phenomenon of retroactivity and irretroactivity of the law. As a consequence, we have divided the text into distinct chapters for the analysis of each proposed institute. We have preliminarily developed the study of the acquired right, bringing out its concept, main characteristics, as well as theories and doctrines regarding the subject. After that, we have focused on the constitutional amendment, beginning Our study in original and instituted constituent powers. Next, we have conducted a brief analysis of the Constitution in order to finally enter the particular constitutional amendment. In the last chapter we have discussed the essence of the work, that is to say, the conflict between the constitutional amendment and the acquired right. Finally, we have recorded OuIconc1usion. The present theme has been chosen because we consider it interesting and important enough in the current political-legal scenario and the social context contemporany