GUARDIANSHIP OF RIGHTS IN THE ACCUSATORY CRIMINAL PROCESS

Abstract

The accusatory criminal procedure model has as a fundamental characteristic, the presence of the jurisdiction from the investigation stage, until the final execution of the sanctions, in order to control the activity of the parties, and decide on the intervention of human and fundamental rights. In order for this function to be effective, the judges assume a new function of controlling guarantees and protecting people against authoritarian behavior by the State and individuals. The change in the accusatory criminal system is that the Judicial Power becomes a guarantee by itself, as it is the only one empowered to affect rights, and also becomes the authority with the most weight to force that they are satisfied and applied in the reality