Overview
- The First Chamber of the Constitutional Court granted a habeas corpus and voided the 11-year collusion conviction through Judgment 180/2026.
- Justices found a violation of the legality principle because the appeals court used 2013 Penal Code changes (articles 45-A and 46) for conduct from 2011.
- The ruling held it was improper to treat participation by multiple people as an aggravating factor in collusion, which by nature requires more than one participant.
- The case history includes a five-year sentence in 2019, an increase to 11 years in 2021 on appeal, and a failed cassation bid at the Supreme Court before the constitutional challenge.
- The decision orders a new appellate resolution, with the affirmative votes recorded from Hernández Chávez, Morales Saravia, and Monteagudo Valdez, in a case tied to the Fundo Oquendo auction allegedly favoring Inmobiliaria Estefanía.