Questione giuridica chiave
Whether the constitutional complaint was admissible despite the availability of an appeal in the same civil matter.
Decisione estratta
No. Because the contested decision was appealable and the same objection could be raised by appeal, the constitutional complaint was barred by subsidiarity.
Motivazione estratta
Under Art. 84(2) OG, constitutional complaints are excluded when the alleged violation can be raised by another remedy. The appellant's grievance concerned jurisdiction and joinder of the counterclaim, an issue that could be reviewed on appeal.