Questão jurídica principal
Whether the federal appeal in marital protection matters was admissible as a civil appeal rather than a subsidiary constitutional complaint.
Decisão extraída
The matter was admissible as a civil appeal against a final cantonal decision in a non-pecuniary family dispute; the subsidiary constitutional complaint was inadmissible.
Fundamentação extraída
Marital protection measures are treated as final decisions under Art. 90 BGG and, as protective measures, may only be challenged for constitutional violations.