The clamor for ample material realization of social rights in Brazil has reached high levels at the beginning of the XXI century. Once formally approved by the 1988 Federal Constitution as fundamental rights and, therefore, compliance of the fundamental core of our legal system, social rights exceeded the level of political discussion, constituting common object of lawsuits. Increasingly, the Judiciary has to intervene in the process of implementing this kind of rights, leaving an essentially passive and formal stance in favor of increasing intervention in the quality and merit of public policies involved. This phenomenon brings several consequences for legal and factual universes, some of them positive, some negative, being sure that this paper focuses, with special attention, to this second kind. For this, the option is by analysis to the social right to health, seeking to identify major problems that can be extracted from a judicialization that, at various times, can be regarded as excessive and unsystematic. Finally, advocates by the need to establish limits on judicial action that intended to be legitimate, which must be built democratically, dogmatically and based on parameters that take into serious consideration the relativity of rights, their costs, the existential minimum, the respect for constitutional administrative choices and necessity of appropriate balancing of interests, without neglecting the search of greater possible effectiveness of constitutional rules.