It addresses the crisis of the principle of legality in contemporary constitutionalism, especially because of the new criminal frameworks introduced by the legislature, which delegate to the interpreter the final conformation of prohibited conduct. The purpose of the research is to analyze the role of the Superior Court of Justice in the standardization of the interpretation of criminal types, with a view to offering the juridical person greater legal certainty in the application of Criminal Law. It is concluded that the Superior Court of Justice does not satisfactorily carry out the task of safeguarding the principle of legality in the national legal system, since there are many issues of high controversy in the organs of the Judiciary Branch of first and second instances still pending of better standardization, with serious repercussions to maximize the expansion of criminal law.