Abstract

CASTRO, Bernardo de. The interpretative decisions according to the Constitution: Analysis of the juridical and functional boundaries of the Constitutional Court in its relation with the other jurisdictions. e-Pública [online]. 2016, vol.3, n.2, pp.229-258. ISSN 2183-184X.

The interpretative of sentences according to the Constitution translate those interpretative decisions in which the Constitutional Court, despite the fact of not considering the provision as unconstitutional, pre-determines and imposes a different meaning, more consistent with the Constitution. Although the number of this decisions as being relatively scarce in the Constitutional Court's jurisprudence, the analysis of such decisions is not irrelevant from a theoretical point of view, since they are likely to give rise to conflicts of jurisdiction with other jurisdictions. Indeed, some doctrine has shown particularly reluctant with regard to the possibility of the Constitutional Court imposing on other jurisdictions a particular interpretation according to the Constitution, under article 80, paragraph 3 of Constitutional Court's Law arguing the unconstitutionality of that provision, by putting into question the principle of independence of the courts, established in article 203 of the Constitution.

Keywords : interpretative decisions according to the Constitution; Constitutional Justice; principle of the independence of courts.

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