Abstract
This study presents development of the case-law of the Constitutional Court, from declaring the unconstitutionality of the legal norm to declaring the unconstitutionality of the legislative solution promoted by the respective norm, with special reference to criminal procedure law. The constitutional review transcends the strict framework of the limits of the referrals addressed to the Court, for the purpose to drain the legislative system of those provisions that resume legislative solutions found to be unconstitutional. Thus emphasizes the sanctioning effect on the legal rule that constituted the subject matter of the constitutional review, as well as a preventive effect, given the legislator’s inability to resume a legislative solution declared unconstitutional, except for the situation where a change in the socio-economic context would occur.
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