The present work studies the Method APAC to accomplish the freedom deprivation sentence, and to verify if it is capable to give rights and guarantees to the sentenced citizen, in the criminal law by Law Democratic State. This study identifies the theoretical discussions that face the theme of the punitive power legitimation of the state, however, without forgetting of the contrary theories that defends a removal of the legitimation. It analyzes prison penalty in the contemporary world and it investigates the declared and occult objectives. The work investigates the limit of the Penal Right and the criminal execution in Law Democratic State, and search to identify the sentenced citizens fundamental rights in the Brazilian Constitution. Finally, a panoramic x-ray of the current national penitenciary system is presented, with examples of serious violations to the individuals that came from there. Everything in confrontation with the model apaqueano, applied in the city of Itaúna, to verify if it is a viable alternative to the traditional system, in more critical points.