The writing analyzes the judgment 11.230-2021 of the Constitutional Court. Specifically, it reviews the arguments that the Court used to accept the inapplicability, considering that it is a constitutional precept. The Court did something unprecedented: declare the unconstitutionality of a constitutional precept through inapplicability. The author argues that this sentence is problematic, because it violates the norms of competence that defines the actions of the Constitutional Court in matters of inapplicability.