Brazilian criminal procedure

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.