The Constitutional Court does not have authorization to review a decision by the Higher Electoral Court (TSE). The chief judge of the TSE, Mariano Rodriguez, made this observation and also noted that the role of constitutional review is clearly established. For this reason, he has no objection because it is established in the Constitution of the Republic.
“I understand that what this creates is a greater obligation by the high courts that we be as careful as possible, always abiding by the Constitution in our decisions to avoid precisely what occurs in these train wrecks, that the Constitutional Court has to declare a decision unconstitutional in that it violates the alleged fundamental right.” He said that the Constitution established the autonomy of the TSE, so that its decisions are final when they are directly empowered and the challenges come from the municipal election boards. “In terms of background, the Constitutional Court does not have jurisdiction to review the background of a decision by the Superior Electoral Court.