Crime of ultrajes to the flag in the sine of a labor manifestation

Commentary on the judgment of the Constitutional Court 190/2020, of December 15

Abstract

The judgment carries out a constitutionality control of the criminal conviction for offenses to the flag of a trade union representative in the framework of a labor protest. A constructive criticism is offered to the assessment of the Constitutional Court and of the particular votes. The alternative interpretation is developed through the reaffirmation of social pluralism and the connection of the case with the syndical freedom.