The constitutionality of decisions delivered by the Full Court on Points of Law

Abstract

Decisions rendered by the Supreme Court in the framework of the mechanism for unification of judicial practice may be subject to the assessment of the Constitutional Court. The intervention of the constitutional court is aimed exclusively at the text of the law criticized in relation to the interpretation offered within the mechanism of unification of judicial practice, without declaring unconstitutional the legal provision itself, with consequences on the rule of law under review, but only by giving a constitutional meaning to the text of the law as interpreted. The present research aims to identify the judgments handed down by the High Court's Criminal Matters Panel that were invalidated by the constitutional review court and to what extent the law under review was or was not amended after the intervention of the constitutional court. At the same time, we consider the following methodological means: literature review, comparative method, research and interpretation.