The present research proposes the investigation of private property regarding the construction of the legal norm, in particular, in relation to the criminal legal norm. In this sense, in order to elaborate the work in the best possible way, the following problem situation was established: in order to oppose capitalist legality, in the criminal field, it is possible to rely on an abolitionist proposal with regard to crimes against property (without violence or serious threat to the person)? As a hypothesis fixed by the dissertation, soon after the construction of the creation and naturalization of property in Locke and in the French Revolution, in addition to presenting the problems encountered in the birth of the prison (from the perspective of Foucault), it seeks, therefore, to examine whether the criminalization of crimes against property (without violence or serious threat) establish a direct relationship of inequality before the capitalist system, proposing, from the aforementioned analysis, a possible abolition of these crimes in the criminal sphere, since such criminalizations represent the only interest of a (dominant) class over a subaltern class, which does not have access to private property in a comfortable and natural way. To this end, bibliographic and documentary research was carried out, based on works related to the theme, in addition to using graphics in order to demonstrate the problems of prison in contemporary times.