Abstract
When one enters the Theory of Criminal Guarantee, whose main representative is Luigi Ferrajoli, it is impossible not to deal with the concepts of Democratic Rule of Law and its link to the idea of Substantial Democracy. When one thinks of a guarantor Criminal Law, its concept is necessarily linked to the fundamental rights (inalienable, inalienable and unavailable) brought in the Federal Constitution. A Criminal Law considered guarantor is one that allows state interference in the individual liberties of citizens, however, this intervention is limited by the express observance of fundamental rights. Thus, Criminal Law can only limit rights if it observes the maintenance of fundamental rights. A criminal type or criminal procedure that removes fundamental rights violates Substantial Democracy, which underlies the Democratic State of Rights, so that it has no support in the legal system, losing its constitutional validity.
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