The Federal Constitution (1988) materialised social rights after several years of dictatorship. However, it is still not possible to guarantee the full fulfilment of these rights, as this requires a high cost, and there is also a lack of capacity on the part of the executive branch to manage public money. As a result, the intervention of the Judiciary in cases where the law is not being complied with has become a constant, especially in the area of health. The main discussion in this paper is the constitutionality of this issue, given the principle of the separation of the three powers of the state, and its interference in guaranteeing social rights, especially with regard to health.