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The aim of this research is to demonstrate the gap between the fundamental rights and guarantees set out in the Federal Constitution and their applicability in criminal proceedings. Firstly, a criminal procedural model is delimited in the light of the Federal Constitution, while in a second part, using an analysis of judicial decisions, the possible injuries to fundamental rights and guarantees are verified, concluding that although there is a Constitutional provision, there are interpretations that are at odds with the postulates of a Constitutionally adequate Criminal Process, that is, a criminal process that sees the defendant as an individual with rights, so that due process and other fundamental rights of the individual who is a defendant are respected, avoiding possible abuses perpetrated by the State.