The Incident of Annulment of the Sentences of the Constitutional Court

Abstract

The article delves into an in-depth analysis of the incidence of annulment of Constitutional Court rulings. It examines the regulatory and jurisprudential evolution of this process, highlighting the exceptional and restricted nature of requesting the annulment of decisions made by the Court.

Despite the general rule prohibiting appeals against Constitutional Court rulings, the paper acknowledges the exceptional possibility of proposing the annulment of processes before the Court in cases of flagrant violations of due process. It outlines strict criteria set forth by court doctrine and jurisprudence for admitting such annulment requests, emphasizing the necessity to demonstrate clear and consequential defects affecting the fundamental right to due process.

The article elucidates the formal and material prerequisites for admitting annulment requests, including specific timeframes and conditions for their submission. Moreover, it identifies particular scenarios that may lead to the annulment of a ruling, such as violations of constitutional res judicata, inconsistencies between the argumentative and operative parts of a judgment, among others.

In conclusion, the article provides a comprehensive view of the potential annulment of Constitutional Court decisions, emphasizing its exceptional nature and the significance of demonstrating substantial due process violations for such requests to be considered.