ABSTRACT Due process is the right of every person to initiate or participate in a process or procedure, within the guarantees established to fundamental rights, which are provided by the general principles of law and procedural law. This right requires for its application a direct participation of the state through its imperium faculty, which using the legal norm and its repressive nature that is the ius puniendi to sanction all those who commit crimes and at the same time violate any protected legal right by the rules. This is where the Due Process, in reality, is a principle that is not defined or detailed as a concrete procedural norm. Regarding its content and scope, however, it has a profound legal significance in procedural or procedural matters. Between the Due Process and the presence of Human Rights, are practically concepts that are closely linked, because as mentioned in the p...