Questão jurídica principal
Whether the constitutional complaint against the cantonal appellate order was admissible
Decisão extraída
The complaint was admissible because the appellate order in matrimonial protective proceedings was not a final decision by appeal, but could be challenged by constitutional complaint for violation of constitutional rights.
Fundamentação extraída
An upper cantonal decision in such proceedings is not a final judgment under the OG, but constitutional review is available.