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In the context of post-2016, public opinion takes the regressive outline and breaks with democracy, imposing itself and compromising the feasibility of the Constitution as a Political Charter. In this scenario, although it has the interpretive force to enable the adequacy of the Constitution's open concepts to reality, the Federal Supreme Court deviates from the countermajorital role, attracted by the social magnetism of the majority, to operate in constitutional transmutation. Mutation, while linked to the expansion of fundamental rights, aims to guarantee pluralism, transmutation, its reversal, eliminates from the catalog of rights any possibility of social gain that may arise from interpretation, deconstructing constitutional objectives and endangering plurality. Through a deductive methodology and bibliographic research, one arrives at the attempt to present the fascist tendency and fond of market demands, imprisoning attempts at interpretation aimed at guaranteeing fundamental rights.

Mutação ou Transmutação Constitucional, o tendencionismo à opinião pública como obstáculo aos Direitos Fundamentais