Hermeneutic changes and res judicata in constitutional jurisdiction: The limits of mutability in law

Authors

  • Juliana Cristine Diniz Campos Universidade Federal do Ceará

DOI:

https://doi.org/10.4013/rechtd.2015.73.06

Abstract

This paper deals with the constitutional function of res judicata and its relations with hermeneutic transformations caused by history in the meaning of the Constitution’s text. It analyzes the dimension of the definitive judgment of ADPF 153 by the Brazilian Supreme Court, specifically regarding the reception of the Amnesty Law (6.683/1979) by the Constitution. This controversial ruling, extending amnesty to all agents of the military regime, has stirred both domestic and international criticism, which has prompted scholars and commentators to consider the possibility of a new judgment about the same matter.

Keywords: res judicata, constitutional jurisdiction, amnesty.

Author Biography

Juliana Cristine Diniz Campos, Universidade Federal do Ceará

Professora adjunta da Faculdade de Direito da Universidade Federal do Ceará. Doutora em Direito do Estado pela Universidade de São Paulo (USP).

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Published

2015-10-14

Issue

Vol. 7 No. 3 (2015): Setembro/Dezembro

Section

Articles

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