With this book we seek to bring some crystallizations about the Enemy's Criminal Law Theory, or third speed criminal law and its connection to the democratic state of Brazilian law, we will see the theory that emerged as a critical idea of Jakobs in a conference, and which was later adapted by himself, bringing with it a contaminating social clamor, in the unbridled search for justice, creating norms that supply rights and guarantees of supposed enemies of society. A current theme that deserves care and attention, come to know a little about the criminal law of the enemy and the democratic state of Brazilian law in order to seek a state guided by social democracy, which should punish its offenders, effectively applying the penalties, without suppressing constitutional and principiological guarantees, hard won throughout history.