The discussion about (in) equality appears in the social aspect of the States, specially those wich implemented a democratic proposal. Equality is a presupposition of democracy and also projects itself in the criminal process. Despite affirming the equality between the parts, it is identified that the material inequalities are not compesated inthe public process, mainly in the Latin American societies. The reality is aggravated in the context Latin America when, both Criminal Law ans the Criminal Process, have as its main function Mass Control, of a Patronage system, oriented to contain the possible unsatisfactions of great number of excluded individuals. The main objective of this paper is to understand the participation of the accused individual in the Criminal Process inserted in the predominantly accusatory model, trying to cope with the guarantee of formal equality and the material inequality, so that it effectively reassure the guarantee of access to the Criminal Law to all citizens. The research is based on Teoria do Garantismo Penal ( Criminal Guaranteeing Theory) by Luigi Ferrajoli, that situates the contradictory and the ample defense with jurisdictional technics normatively accepted, assuring the accused, above all the excluded from the neoliberal projects, equality in participation int the formation of the truth to be enclosed by the final provision.