This work approaches the contemporary criminal policy on the war on terrorism and its relation with the repression of social claims and civil rights. To do so, it searches for the theory behind the justification the for anti-terrorism law, which happen during social emergency times that claim for exceptional measures by the state. Therefore, the anti-terrorism law is understood as an exceptional policy which breaks with constitutional values about state power restriction. This work searches on the so called Enemys Criminal Law for the emergency criminal law and criminal procedure. At last, it approaches the constitution of a crime of terrorism as a political crime in order to understand how it could contribute to criminalizing social and political players.