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With the geometric progression of violence, as well as the feeling of public insecurity that permeates society, the Public Power is pressured to adopt measures that repress its rise. Thus, Criminal Law is forced to expand, relativizing guarantees and constitutional rights, creating new criminal offenses of a symbolic nature, disproportionately increasing penalties and anticipating punishability in order to seek the prevention of danger. Mentioned characteristics are features of the German Günther Jakobs' theory, called Criminal Law of the enemy. The objective of this work is to study the feasibility of the application of this aspect in the face of that recommended by the Brazilian Federal Constitution, in what concerns the fundamental guarantees, as well as the reflexes of what is already applied in the homeland legal system, bringing brief philosophical concepts about what the enemy is.