Challenges arising from the expansion of procedural guarantees and admission of appeals in the constitutional protection of fundamental rights on the Labor Court

Abstract

The heavy reliance on the special procedure for the protection of fundamental
rights—resulting from an expanded scope encompassing any fundamental
rights and public freedoms, despite its initial design to safeguard trade
union freedom—led the legislature to redirect its processing toward specific
procedural modalities while maintaining all the guarantees reserved for this
preferential and summary proceeding. In practice, the extension of these safeguards has helped curb the misuse of the special procedure, albeit at the cost of generating new issues: mandatory joinder of actions and disruption of the general rule on the admissibility of extraordinary appeals, particularly when constitutional claims are combined with matters of ordinary statutory law.