Un análisis sobre la intangibilidad de las cláusulas pétreas

Abstract

Some constitutions, such as the Brazilian one, establish immutable clauses as limits on constitutional reforms. The immutable clauses are made to guarantee, in a stronger form, the constitutional ordering and its needed stability. Hence, the immutable clauses are considered as obstacles that can only be overcome through the breaking act of the current constitutional order, in front the elaboration of a new Constitution. This research analyses the possibility of juridical surpassing the immutable clauses, without the necessity of making a new constitutional text, avoiding this way the risks resulted from the substitution of the juridical order