This paper deals with a highly problematic issue in the scope of the relationship of penal law and sociology, regarding the sociological legitimation of criminal law, following the German sociologist Niklas Luhmann, and of course, Gunther Jakobs, who based its proposals for the criminal justice system in the sociology of Luhmann and the philosophy of Hegel. Because of the complexity of this expedition, this article is based on the concept of autopoiesis in Luhmann’s conception of society and Jakobs’ penal system.