The Penal Guaranteeism persuits the Criminal Law and Procedures interpretation in line with the Constitution, assuring all the citizens, including the ones whom respond to proceedings, the rights and individual guarantee, limiting the State power. The criminal law must be established to principles such as strict legality, (must be made the analysis of the typical features in an encompass way), materiality and how the offences prejudice, personal responsibility, contradictory, the presumption of innocence among others, do not taking part in a violent way against the accused, under penalty of being contributing to the violence increase. Arrest is not the solution against crimes. It must be more invested in effective public policies. Freedom is the rule. Arrest, an exception. The magistrate must apply interim measures when the arrest is not suitable or necessary. The interim measures must serve the proceeding, taking into account the procedural rules and the constitutional principles. In the public order assurance statement, it must be shown the danger in freedom in a concrete way. Court of Justice of the Estate of Minas Gerais decisions must be in line with the decisions from the garantists of the Supreme Court.