DECISION C--113 / 93 .  Capability of the Court to determine the

effects of its decisions


In use of the public action of unconstitutionality, two citizens demanded the article 21 of the Decree No. 2067 of 1991 “by means of which is dictated the procedural regimen of the judgments and actions that should be attended by the Constitutional Court” for presumptively violating the articles 4, 53, 84 and 23 (transitory) of the National Constitution. The plaintiff alleged that the demanded norm, which established that “the sentences of the Court will only have effects towards the future, except to guarantee the principle of favorability on criminal, policed and disciplinary matters, and in the case contemplated by the article 149 of the Constitution”, restricted the fundamental principle of protection to the employees and the Congress’s duty to respect every aspect related to employment by not extending the exception to favorability in labour aspects. The Tribunal analyzed the properties of the res iudicata on the rulings of constitutionality and the erga omnes effects and the procedural regime of its actuations. The Plenary concluded that, according to the Constitution, only the Constitutional Court can, in its own sentences, determine the effects of the ruling, specially on sentences dictated in constitutional affairs. Therefore the accused norm was declared unconstitutional.