The present work seeks to present the influence of Evguiéni B. Pachukanis for the field of criminal law, since this understanding is urgent for a political intervention that also understands the material bases that determine our specific form of sociability. In this way, as understood by the Soviet jurist and the Marxists, it would not be possible to carry out structural interventions in reality, even if in favor of the working class, which pass through the same mechanisms and instruments that are placed before us by the capitalist class, such as legal and state mechanisms. A defense will also be made, on the horizon of popular struggles, for a rescue of the thesis of the end of the State, so as not to limit ourselves to any kind of institutional reformism or other ahistorical or idealistic conceptions about law and the supposed resocializing function of the penal system. It will be demonstrated how criminal law plays a fundamental role in maintaining the capitalist order and also in the violent control of those who historically do not adapt or are not integrated into the ordinary functioning of the job market. In this sense, the Soviet jurist was not only a criminal abolitionist, but a revolutionary, seeing the end of criminal law as impossible to be fully implemented in a society in which there is still a generalized circulation of goods, endowed with exchange value, because, as law is a form of capital, the criminal system would continue to imprison marginalized bodies.