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Influence of the theories of institutional dialogues and the last provisional word in contemporary Brazilian constitutional thinking

Abstract

This article deals with a research on the influence of institutional dialogue theories and the last provisional word on contemporary Brazilian constitutional thought. It is investigated if these theories have aptitude to serve as theoretical foundation to the legal possibility of overcoming, by the Legislative Power, the decisions pronounced by the Federal Supreme Court in the exercise of jurisdictional control of constitutionality. The conclusion is positive and is based on the premise that legislative overcoming is a logical consequence of the democratic principle enshrined in the 1988 Constitution. In addition, it examines the ways in which the phenomenon of legislative overcoming can occur - constitutional amendment or ordinary or complementary law -, with the characteristics, requirements and implications of each.

Keywords:
theory of institutional dialogues; theory of the last provisional word; control of constitutionality; overcoming legislation

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