Reconstructing the concept of constitutional mutation

Abstract

The purpose of this study is to produce a literature review on constitutional mutation. By identifying the main authors that have wrote about this topic in Brazil, it mapped all citations of classical authors made to justify their understanding. By accessing the classical authors, it was possible to identify the context of the appearance of a category under analysis, the doctrinal debate on the topic and how the subject developed over the years until it got into Brazilian law. Thus, the article demonstrates doctrinal trends, different uses and meanings of an expression and especially the use of empirical categories without any empirical verifi cation of proximity to social reality, besides the absence of method in the use of a legal term.

Keywords: constitutional mutation, social reality, literature review, doctrine, legal concept.