ABSTRACT The present investigation was developed within the scope of Criminal Procedure Law. Having as object of study that "the incorrect application of the criteria on the admission and exclusion of the illegal evidence on the part of the legal operators of the subsystem of judgment, before a conflict of rights: right to the test and to the search of the truth objectively, it violates the fundamental rights of the accused ". For this purpose we have analyzed the sentences issued by the trial judges of the Superior Court of Justice of La Libertad-Trujillo where the defense has urged that the obtaining of the evidence incorporated to the process, were obtained by transgressing the fundamental rights of the accused. . Consequently, the conceptual categories and instruments of this legal discipline were used for this, such as the test, nature and importance of the evidence, its procedural ...