Key legal question
Whether the federal constitutional complaint was admissible despite the availability of a civil nullity appeal.
Extracted holding
The complaint was admissible because the appellant invoked only a violation of Art. 9 BV and no grounds for the civil nullity appeal under Art. 68 OG were raised.
Extracted reasoning
Letztinstanzliche possession-protection decisions may be challenged either by civil nullity appeal or constitutional complaint; absent any Art. 68 OG grounds, a constitutional complaint lies.