In colombia, the health is perceived as a fundamental right and a public service since the constitution of 1991. However, since the law 100 of 1993 appeared, a series of issues appeared due to the difficulty of access to the service, once the health service was conceived as a business that sees the person as a client, tht is why the enterprise is going to look for having more income with the low quality of service, losing as well its social sense. In this paper, it will be released the fundamental right to health and the lacks of the system in the Colombian State since the law 100 of 1993. As a way to conclude, the State does overcome the constitutional function of intervention, but it allows for a relationship between the person as a client and the enterprises who offer the health service as a monopoly.