This article aims to expose critical main aspects of criminal law; doctrinal theoretical discourse was the view German Professor Gunther Jakobs. In function of this doctrinal thesis, yet find themselves in development will only be addressed their main aspects, to be sufficient as a means of characterization of blatant disregard to the constitutional, criminal and procedural principles, enshrined in the brazilian Constitution of 1988. The importance of this work is also to collaborate with the student's education of Legal Science and Jurists, especially in the penalty area. In the first part of the article, was exposed to theory of GüntherJakobs: jusfilosófica rationale, concept and main features. In the second part of the article, a critical analysis on main aspects of the theory of GüntherJakobs, with citation of examples, demonstrating your incompatibility with constitutional principles, criminal procedural and guided in the brazilian Constitution