This article reached the target set around what is understood as justice, an important issue that belongs within the human being but that market is of difficulty and complexity to teach as guideposts when public institutions responsible for this, as the Colombian Constitutional Court in its mission to advocate for Fundamental Rights. Based on these ideas of justice, within the framework of work by Amartya Sen, John Rawls, Hans Kuns, rather than to take game or line of thought, from the rational or irrational, yes, to show the complexity and inability to reach it, without someone left in a state of injustice. The reading goal made in the development of this short research literature review and grounded theory, arrived in Colombia demonstrate the existence of an entire development in Sentencing structural designers of the unconstitutional state of affairs, and concerning the so-called judicial activism. Finally the finding, much to the chagrin of many, of the unimaginable position of the Constitutional Court that respects the autonomy of executive functions, especially since the economic and / or presupposed, but their mandates or public policy.