The aim of this article is to provide a useful tool for the legal operator who exercises the criminal defence in order to be able to request the judge for the control of guarantees, through the figure of the so-called Block of Constitutionality, the release of the accused when once the oral trial has begun, in violation of the principles of concentration and reasonable time, this has been unduly extended in time, resulting in the presence of the figure of illegitimate prolongation of the deprivation of liberty, invoking for this purpose various jurisprudential decisions, especially those of the Inter-American Court of Human Rights.