The interest of this case study is to study the effects that a sentence from the Constitutional Court of Colombia can produce in the theory of the division of powers in order to show that through the exercise of its functions, the Court oversteps it’s functions producing negative effects from an organic point of view because it uses organic functions of the legislative branch. However, from a functional point of view these excesses can be seen in a positive way. For this the sentence C-355/2006 is studied since its binding contents allows to see how the division of powers is affected from both points of view.