This paper aims to address, supported the concept of democratic rule of law, the path that has taken the formal system of social control through the contemporary state of criminal law and modern clash between the modern criminal law, seen as one that protects property Legal collectives, through a decommissioning, if not, the relaxation of the principles and rules of the existing criminal justice system, criminal law and the foundations of classical, informed and directed by criminal principles originated from the Enlightenment and determined that follow, not without reservations, the evolution of dogmatic criminal. The theoretical framework of this work is based on a guaranteed and is based on concepts of democratic rule of law, regarded as the environment in which they hold the securities built from individual acts such as the Declaration of Human Rights and the Citizen of August of 1789, inspiring the model created in the normalization of state constitutional designed in the Federal Constitution of Brazil, in October 1988, which, in his article. 5, brings a list of individual rights that represents a shield of the human element in the face of the repressive state. Based on the confrontation between the two types of criminal law: the classic and modern is already underway, will be presented the possibilities of action from them, the adequacy of criminal law to modern criminal rules and criminal procedural principles in force, and the need to establish criteria for the theory and practice of social control state of the twenty-first century.