UNCONSTITUTIONAL CONSTITUTIONAL AMENDMENT PROPOSALS IN BRAZIL: when data meet theory

The Brazilian Supreme Court (STF) has enlarged the competence for judicial review of constitutional amendments by recognizing that also constitutional amendment proposals can be challenged before the court because the Brazilian Constitution states that: Amendment proposals that tend to abolish unamendable clauses will not be object of deliberation. For the court, parliamentarians have the right to prevent the approval of a constitutional amendment proposal that could abolish the unamendable clauses and they can claim for that right before the STF. In this research, I depart from the content analysis of the cases decided by the STF exclusively on judicial review of proposed amendments. From these data, I demonstrate how the court understand its competence on that matter and how the decisions may represent a strong judicial interference or a deference to the legislative process.