The decisions of the Constitutional Court weaken legal security in relation to the intangibility of the sentence

Abstract

Legal certainty constitutes a fundamental principle and the essence of the right, which must be contemplated in the National Constitution of any country, since it allows citizens to be guaranteed guarantees of their rights and the protection of the State when required, which will be possible through the promulgations of laws, regulations and other legal instruments, as well as the actions of judges and established institutions, all of this with the purpose of seeking the common good and social peace. The constitutional court is a control body in charge of constitutional interpretation and administration of justice, a power granted to it by the constitution itself. Furthermore, within its powers there is also mediation in those cases that warrant the evaluation of a previous ruling. The objective of this investigation is to analyze whether the decisions of the Constitutional Court weaken public security in relation to the intangibility of the sentences. The methodology used was qualitative, where different theoretical bases were reviewed through the Google Scholar digital platform. As a result, it was found that the decisions of the Constitutional Court that fail to change the decisions already taken on a sentence violate the intangibility of the sentence by modifying it, which generates a loss of legal security.