The constitution of 1991 is the framework through which the validity of the criminal and procedural substantial right, from there, the legal operators can, under circumstances, exceed its decisions against the constitutional framework is drawn, so that exceed this limit would generate, void and unenforceable each case performances specifically, the above serving as referred to in Article 4 of the constitutional norm, why, this constitutional virtue is emphasized in this paper, the possibility of review violations of the laws containing cases of prohibitions test, specifically about the practice thereof, depends on whether the violation essentially affects the legal environment of the party to the appellant, or whether that violation has only been for him a secondary or unimportant, therefore, the importance of articulation of Article 23 of Law 906 of 2004, any evidence obtained in violation of the fundamental guarantees will be null and void, so that should be excluded from the proceedings interpretation you must make greater harmony with article 29, constitutional provision whereby the accusatory criminal procedural model is structured trend; It entails that the exclusionary rule applies during all stages of the process.