A future sentence is one that orders the payment of a benefit or interest that must accrue after the date of presentation of the claim. We speak of a future sentence since it refers to benefits derived from situations or events that, although they are known at the time of the sentence, have not yet occurred.
The following example – taken from recent jurisprudence – may illustrate the issue.
The case referred to three officials of the National Human Rights Institution, who claimed against that institution the payment of three omitted salary items, with a peculiarity: in addition to demanding payment of those items already generated, they also requested a future sentence, that is, the payment of those same items that would have to be accrued after the claim was filed.
The first degree ruling ruled in favor of the claimants. However, he rejected the demand regarding the future sentence (no more, no less!). The judge of first instance maintained – with good arguments – that a rule recently introduced in the General Code of Procedure had excluded from the scope of the future sentence, precisely those sentences that, among others, translated into increased salaries for the National Treasury. .
Neither stupid nor lazy, the Officials requested the declaration of unconstitutionality of the rule, understanding that it inhibited a constitutionally protected right, namely, access to the so-called effective jurisdictional protection. Thus, the case reached the Supreme Court of Justifica (“the SCJ”). Read more
