Questão jurídica principal
Whether the subsidiary constitutional complaint was admissible or the filing had to be treated as a civil appeal
Decisão extraída
The filing was treated as a civil appeal; the subsidiary constitutional complaint was inadmissible.
Fundamentação extraída
The challenged decision concerned interim measures in a civil matter. Because only fundamental-rights violations could be raised under Art. 98 BGG, the mislabeling did not matter and conversion was possible.