The courts, in the exercise of the judicial function of the state, as in the exercise of any other function of the state, are subject to the principle of legality enshrined in the Constitution. This implies that the process itself, the dynamic performance of the judicial function of the state must also adhere to the precepts from the constitutional text. Then, it is necessary to analyze what would be the forms of punishment in cases of official actions that violate the precepts by the principle of legality itself, and that will be linked to the particular state function in question: in our case. the process.