Addressing a topic as relevant as the dimension of the constitutional jury trial, aiming, as final instance to show the reason why it falls among the fundamental rights is not the simplest task. It s evident that fundamental rights are the result of historical achievements that must be understood and valued. Its historicity, inalienability, non-availability, indivisibility and imprescriptibility, are the main features of fundamental rights. For no other reason, fundamental rights are deemed basic rights of a society living under the aegis of a democratic state, as, by way of example, the rights to life, liberty, property, environment, health, education, culture. In this way, we seek to, in this work, to rescue the historical evolution of the jury to its current stage, inserted in the Constitution of 1988 - the Citizen Charter - where it is included as a fundamental guarantee of the citizen. Notwithstanding from the criticisms launched against the popular judgments, due to the influence of the positivist-normative culture, it is right to say that this institution has resisted all dictatorial regimes and continues until the present day, being the greatest example of arena in which the principles of contradictory and full defense and range of protection are exercised to exhaustion.