Dirigisme Constitutionalism deserves highlight today, mainly in Brazil, due to its power to alter reality through social policy standards present in the Constitution. But however it is understood that this constitutional dirigisme may have succumbed, it is necessary that this pragmatism suits to the Brazilian reality, whose criminal system still depends on several settings. For this, will be considered three main issues: language as stifling defense of the accused, the position of the prosecutors in the courtrooms and the need for public policy of abortion. In this attempt, the present object is to review how the criminal justice system still abdicates that role and how is it necessary to revise the criminal law in order to conform to this vision leader that Brazil must both seek