The Supreme Court is asked to review the constitutionality of Decree No. 3,216 whereby the use of sodium tripolyphosphate in detergents is prohibited.

The Decree states that according to studies by the SEAM, the content of phosphorus in powder detergents as sodium tripolyphosphate, generates damage to the environment and quality of life of human beings.

Applicants argues that with regards to the fact that it applies to imported and sold detergent products containing Sodium tripolyphosphate, the decree issued by the Government is contrary to constitutional rules relating to environmental, taxation, and freedom. Moreover, they assert that the government exceeded its powers and functions, as it is not authorized to prohibit the use of a substance in the production, importation or marketing of detergents, or creating new taxes.

The court followed the reasoning of the applicants, understanding that the government cannot legislate through decrees, so in this case, the government took powers from the legislative power, violating the principle of the division of powers enshrined in Article 3 of the Constitution.