Jurisprudência constitucional da Katchanga

Abstract

The Kelsenian framework proposes that the normative interpretation must be systemic and the legal order must be coherent for that exist security in the social relations. The interpretative reasoning to correctly apply a norm must find support in the ordering in which it is inserted. Indeed, the history of the "Katchanga Theory" serves to metaphorize the current legal dogma of the Brazilian Supreme Court, symbolizing how forensic decisions and the understanding of the ministers ("Real Katchanga") change the rules of the game and cause large insecurity to the citizens.