Questão jurídica principal
Whether the constitutional complaint could also target the cantonal appellate judgment of 4 October 2001
Decisão extraída
That judgment was not directly challengeable here because the constitutional complaint was directed against the final cantonal cassation decision, and the complaint did not satisfy the prerequisites for co-challenging the lower judgment.
Fundamentação extraída
The Federal Court held that the lower appellate judgment lacked the necessary finality for direct review in this procedure, and the cassation court's review powers were not narrower than the Federal Court's constitutional review.