¿Tienen las sentencias desestimatorias en recursos de amparo de la sala constitucional efecto de cosa juzgada frente a la jurisdicción contencioso administrativa?

Abstract

This article presents some arguments intended to analyze whether or not it is correct to admit in estrictu sensu the procedural criterion of material res judicata in the case of dismissal judgments of the Constitutional Court issued to resolve “amparo” remedies. The thesis proposed herein is that such resolutions do not produce res judicata effects in the contentious-administrative jurisdiction, but they do have a binding an erga omnes effect as the judgment involves a decision concerning an interpretation of Constitutional Law. Finally, it considers that Judgment number 2014-12825 of the Constitutional Court, which incorporated constitutional res judicata, presents some unclear arguments, as it makes an effort to provide more legal certainty to some areas of the legal system, the examination of which may mean an overlapping between constitutional jurisdiction and contentious-administrative jurisdiction.