EMENDAS ÀS CONSTITUIÇÕES ESTADUAIS NO BRASIL: PANORAMA COMPARATIVO DAS 27 SUBCONSTITUIÇÕES BRASILEIRAS QUANTO À EMENDABILIDADE

The subject of the constitution modification procedures are a central issue of constitutional theory since relative immodificability is one of the essential characteristics of the formal concept of constitution currently prevalent. Although the procedure for reforming the Brazilian Federal Constitution and the various amendments approved in the thirty years of its validity are the subject of fruitful literature, the theme of amendments to state constitutions is lacking in exploration in Brazil. This study which is made on the basis of partial results of an ongoing scientific research project, intends to explore this theme of great relevance in an ambience of constitutional pluralism typical of the federal state. To this end, after making a brief introduction to the theme, with general reflections on the constitutional rigidity and on the required procedures for formal amendment of the constitutional text as well as on the implications arising from subnational constitutionalism, the text briefly examines the historical development of the legal regime of constitutional amendment in the Brazilian federal Constitutional Law. After such contextualization the results of the research itself are exposed, tracing a comparative overvies of the formal procedures for changing the 27 subconstitutions in force in the country in relation to several aspects, specially initiative, popular initiative, rounds, quorums, time lapses, material limits and stability. The research concludes that the state constitutions and the Organic Law of the Federal District suffer significant influence from the federal model in terms of their own emendability, but in spite of this present significant originality, notably when a significant majority (more than 2/3 of the current charters) establishes popular initiative of popular amendments. It was also found that 1/3 of the analyzed subconstitutions have entrenched clauses, with greater or lesser dependence on the federal model and that the majority of State constitutions and the semi-constitution of the Federal District reveals a similar degree of stability in comparison beetwen them, some of which stand out for showing greater or lesser frequency in the formal alteration of their texts, which, however, does not seem to be related to the procedural requirements for constitutional reform adopted. Regarding the methodology, the research is characterized as basic, quantitative, qualitative and comparative.