The right of access to justice is a structural precondition for actual enforcement of other basic rights. However, many times, that right actually had been interpreted in order to expand of judicial activism. Before that, an evaluation on the influence of interpretation of the right of access to justice entails to elucidate the meaning of both concepts. This article, indeed, will aim firstly at that goal. After that, I will propose the grounds for a reasonable interpretation that will harmonize the instantiation of access to justice with an actual effectiveness of constitutional goods or values compromised – or at risk – through activist judicial practices; that is, separation of powers and the system of check and balances.