The Constitutional Court and the conscience clause

Abstract

On the clause of conscience the Constitutional Court has been declared in two occasions: the first one is extreme/y clear on the subject, the object and the real meaning of this right. The second one centres on explaining if it is necessary that the labour relation is in force when the
action is exercised, or, on the contrary, the professional of the information can break her uni­lateral/y and to invoke later the exercise of the right. The Court is declared in favour of the lat­
ter position, coomendably for his protective purpose, but he forgets the tenor of the procedure
ond of the jurisprudence applied up to the moment, forcing his interpretotion of excessive way to protect the wished good, which he must not be accepted if it thinks thot the Constitution must be o/so respectful and protective of the procedure that in her seek protecfion.