Derrogação contextual: comentário histórico-jurídico à tendência de revisão da Súmula 347 pelo Supremo Tribunal Federal

Abstract

From the beginning of the century, Brazilian Supreme Court has been revising its Precedent 347, which assured Brazilian Courts of Auditors the competence for constitutionality review. The precedent remains valid and in force, which indicates there is no doubt as to the constitutionality of the assigned competence. However, in the last twenty years several Supreme Court decisions have been questioning the precedent’s scope, raising doubts on its subsistence under the new constitutional regime. Adopting an historical approach, this paper supports the hypothesis that the debate’s very emergence is the result of a contextual derogation: as legal mentality is transformed by the historical process, so it leads to the Precedent’s implicit derogation, due to its incompatibility with the new emerging legal order.