The substitution of the constitution and interpretative capacity of constitutional courts

The establishment of the defining axes by the Colombian Constitutional Court and the Brazilian Supreme Court to apply the substitution test is a dogmatic construction, which enables Courts to change randomly the constitutional text, since there are not parameters at the Constitution. This contradicts the premise that, in a Constitution State, remains uncontrolled branches, or a branch that can overlaps the others.

In this sense, while Brazilian and Colombian Constitutional Courts keep the formal control of constitutional reforms advanced by the legislative, the Congress has the substantial control. It is important to evaluate to which extent the formal control has become a material control when the Courts apply the substitution test to declare the reforms carried out by the legislator unconstitutional.