The creation of the control of constitutionality due to competition defects via jurisprudence, in clear contravention of article 241 of the Constitution, highlights the need to strengthen the competence limits that the Charter establishes for the judicial authorities, for which it is proposed that the section of the Constitution is interpreted based on the original intention of the constituent, in such a way that there is an effective control parameter that prevents them from expanding their powers through constitutional interpretation and concentrating greater power.