Unknowledgment of general principles of fundamental rights and rights due to the improper application in time of the effects of the unification judgments of the constitutional court

Abstract

With this article I intend to make known to the academic community the serious problem that is occurring in the country, due to the improper application of the time that the judges of the labor specialty are using regarding the effects of the unification sentences of the Constitutional Court, in the solution of the judicial processes in progress, since it happens that, once they are communicated, they decide to apply them to decide matters that had been initiated before their issuance. That is, the judicial operators in behavior that is becoming generalized, c o n f e r o n t h e s o - c a l l e d v e r t i c a l jurisprudential precedent, retroactive effects, to resolve cases that had been raised under the protection of opposite interpretations of the same high constitutional closing corporation and that, in its turn transit, they a r e s u r p r i s e d b y t h e c h a n g e o f understanding of the norms invoked in the lawsuits, without being able to pronounce to dispute the new position, since the procedural opportunities have already been precluded, thereby producing the violation of the principles of legality, legitimate confidence and legal security , as well as the fundamental rights to due process, defense and equality of the parties.