O FENÔMENO DA MUTAÇÃO CONSTITUCIONAL: IMPLICAÇÕES DE SUA APLICABILIDADE NO ORDENAMENTO JURÍDICO BRASILEIRO COMPARADO AO ORDENAMENTO JURÍDICO ARGENTINO

This research addresses the analysis of Constitutional Change in relation to the Brazilian legal system compared to the Argentinian legal system. In this sense, it is essential to fail to investigate the possible conflict between the national sov- ereignty of the States involved in the research and the Inter-American System for the Protection of Human Rights. The problem centers on the possibility of there being a change in the appli- cation of constitutional norms without changes to their text and thus a significant change oc- curring that alters the life of society in a substantial way without the Constitution being changed. Constitutional mutation is supported by the condition of the evolution of the society that the constitution itself governs, that is, that the constitution does not need to change its text, an interpretation in accordance with the aspirations of that society is sufficient, since the Consti- tution of a nation It is nothing more than the will of the people.