The effects of decisions by the Constitutional Court

ensuring legal certainty, equity and the public interest

Abstract

This article aims to discuss, from the perspective of the Portuguese legal reality, how the Constitutional Court, in addition to being the guardian of the Constitution, must be the preeminent defender of legal certainty, equity and other public interests of exceptional importance, in addition to the interest of constitutionality. To perform this function, it must have constitutional credentials; have adequate instruments; have an appropriate constitutional procedural right and, furthermore, it must be admitted that its decisions may be subject to the same control regime applicable to any legal norm.