Abstract: The complex modern society in the face of rising crime and distressing verified by multiple factors of social exclusion which predominate clashing social and economic inequalities, combined with the failure of the means of social control to regulate the conduct of individuals in society and concern that quantitative standards only last for punishing the weakest die symbolic legislation, and exacerbated by the creation of laws without effective, allows the state to resort to its last frontier, criminal law, to try to fill those gaps. Therefore, this article points out some of these deficiencies, as well as shows across disciplines interacting with other branches of human knowledge, seeking substrates in own right and also in sociology and philosophy to try to understand and explain society within these standards through the principles and laws in force in view of the model of Günther Jakobs (2003). That said, the model featured in preventing legitimizing the state for two distinct models, the criminal law and the right of citizens of the Criminal Enemy, aired by German professor in 1985, in a lecture at the University of Frankfurt on a journey of punitive whose title was The criminalization of the State Preliminary Analysis as the Good Counsel. But to what extent this model's influence in the Brazilian legal? The Criminal Law of the Enemy is penetrated infra various laws, such as the Maria da Penha Law, the Differentiated Disciplinary Regime - RDD; Drug Law, the Penal Execution Law - Anklet bracelet and electronics, among others.
Keywords: Criminal Law. Citizen. Enemy. Legislation. Prevention.