This reflective article has as main objective contribute to the theme of the judge´s role in the new constitutional rule of law that cause so much debate today, causing confusion and misunderstanding among the national population.It starts mainly from the evolution of the constitutional rule of law throughout the country's history, delved into the full and concrete that State concept and with this come the powers that today plays the judge in the legal system, not as a simple applicator of formal law exegete but as an interpreter and creator of material law.