The present work aims to problematize the democratic deficits that possibly exits in the abstract judicial review, starting from the premise that the law which is decided by Courts could have the same demobilizing effect over the lifeworld as the classic systems of strategic actions (power and money) if it uses the specific juridical knowledge as a medium to difuse ideologies disguised as technique. We’ll call attention for the risks to social relations involving a technocratic ruling, which could lead to juridification, and thus taking away from the society the task of deliberating their own social goals, and neutralizes a elitist political power using as resource the presumed technical impartiality. To ground our hypothesis, we are going reconstruct the modernization processes of the tradicional societies, through the liberal state up to the welfare state variant, having as purpose the explanation of how two different processes of rational acumulation – communicative and instrumental – became contradictory and concurrent according to the specific capitalism selection, culminating on lifeword’s systemic colonization by bureaucracy and economy. From this diagnose of the modern distorcion, and to reinforce our inicial criticism of technocracy, we are going to describe a constitutional state model which strongly refuses the sistemic use of law, and places it as the main lifeworld’s institution defense against functional steering. A juridic system communicatively engaged would not compromise the problems of material reproduction of society, but at the same time would submit the political and economic power to communicative power, atributing both legitimacy because law’s democratic genesis.