The protection of health in Brazil is configured in the form of fundamental rights, as much as in a subjective character, as in a social one, and constitutes a duty to be fitted by the State, through the implementation of public policies to reduce the risk of diseases and to facilitate access to their services, in a universal and equal way to all whole citizens, as well as the actions of promotion, protection and recovery. There is a single health system, governed by constitutional and legal rules, throught which are laid down the competences of the three bodies of the federation for the performance of the respectives administrative activities. There are linkage and destination of minimum percentage of budgets resources, which, if not accomplished, can produce strict sanctions, v.g, the possibility of federal intervention and the retention and conditioning of resources repassed by the Union to Member States. It´s confirmed the omission and inefficiency of public bodies responsible for the performance of this service of public relevance, as well as, in derivation of the integrality principle is questioned the coverage of the benefits due to the citizens. This situation triggers the so called judicialization. It´s verified an excess of demands aiming the obtantion of varied medicines and treatments. The indiscriminate judicial award causes reflexes on the budget, generating too, impacts on public policies; necessary, so, the investigation under the structural approach. The performance of the Brazilian Public Ministry acting on public interest litigation and the response of the Judiciary Power is due to guarantee this right. One of the possible parameters for the syndicability of the administrative activities for the respective scrutiny in form of collective guardianship, in a way that can be evaluated the planning and execution of activities related to the right to health, under the collective aspect, but considering the individual implications arising from the inefficiency of the administrative performance, together with the defense of the public patrimony regarding the allocation and use of the budget.