The Constitution of 1991 in the catalog of functions assigned to each of the different branches of government, is currently facing areas of activity that develops the executive, legislative and judicial. Without any discussion, the formulation of public policies which is traditionally recognized as a proper and exclusive jurisdiction of the first one, has been influenced by judicial decisions which do not distinguish specific intervention work, in what could be a distortion or exhaustion of an government›s effort, which sometimes must follow the words pronounced by the Judge but have inadequate measures. The Constitutional Court has jurisdiction to interfere with the design, construction, development and evaluation of public policies because the Constitution empowers it to do so under the function of effective protection of fundamental rights. However, it should not be an all-encompassing role, its role must necessarily find material limits, in case of non compliance will prevent the affectation or the state agenda. In this research we postulate those that would enable this capability to the constitutional Judge.