This article seeks to reflect on the role of the Judiciary in the realization of the right to health in the face of the omission or inefficiency of the Public Power in the performance of this function. In this sense, the objective is to contribute to the debate on the legitimacy of the Judiciary in its performance, as well as to seek to delimit behaviors that the Public Power can adopt so that it can reassume its prominent role in the realization of the right to health and citizenship. It was decided to carry out a bibliographical research, of an exploratory nature, developed by a deductive method and critical analysis of legislative texts and works on the subject to achieve the aforementioned objective, and in the end it was possible to conclude by the real possibility of controlling public policies by the Judiciary, as well as some conducts that the State can adopt to return to being a protagonist in the concretion of health, as long as there is coordinated action of internal organs and some measures are adopted to achieve the objective..