RELATIVE IMMUTABILITY: FREEDOM OF EXPRESSION AND THE POSSIBILY OF EXPANDING ENTRENCHED CLAUSES

Abstract

The 1988 Federal Constitution consolidated the entrenched clauses as structural guarantees of the Democratic State governed by the rule of law, preventing amendments that could compromise fundamental rights and principles. Contemporary doctrine discusses the notion of relative immutability, which preserves the essential core while allowing reinterpretations in light of social and technological transformations. However, does the interpretative expansion of the entrenched clauses constitute a violation of the essential core, or does it represent a mechanism for constitutional adaptation? The general objective of this article is to analyze the interpretative expansion of the entrenched clauses, especially regarding freedom of expression, based on the essential core of constitutional guarantees. In this context, the study seeks to examine the theoretical foundations of entrenched clauses and freedom of expression; discuss ADPF 130 and Constitutional Amendment No. 115/2022; and analyze ADI 4815/DF with respect to journalistic freedom. Methodologically, the research is qualitative, analytical, and exploratory in nature, structured around a literature review and documentary analysis. The results indicate that, although there are divergences in doctrine, the jurisprudence of the Federal Supreme Court has recognized the scope of the application of relative immutability, preserving the essential core present in fundamental rights, thus evidencing constitutional evolution while ensuring a balance between stability and democratic adaptation.