The welfare state model determined by the Brazilian Constitution of 1988 is not effectively implemented by the centralized political power.Due to the disproportionate budget revenues in the internal structure of public administration at the expense of fundamental rights and guarantees of citizens.In this context, this paper aims to analyze the tools that the legal democratic state bequeaths to civil society as productive power of interpretation of the constitutional conformity of the constitutional reality.The appointed problem is presented: How may the civil society correct the omissions of State, which when concentrates its revenues in the structuring of public administration at the expense of completing the constitutional program, acts in offensive disarray with the interests of the Constitutional Power bearer hence belittling the Welfare State.As a result it is considered that, as a way of exercising democracy, ordinary citizens need to be included in the list of qualified agents