From a theoretical-analytic perspective this paper attempts to see, at the present time, the work of the juridical operators. This article acquires relevance in the measure in that it introduces in the discussion academic positions influenced by the new speech about constitutional principles that empowerment to the judge with approaches before strangers for to assume, in property, the application of the Law guided to the realization of the justice. This paper thinks as the judicial independence beginning with the judge’s recognition like director of the judicial process. Probatory faculties and of appreciation in the judge’s hands, exercised with rigor, facilitate in a more appropriate way the development of the Social State and the consolidation of the essential goals that this state’s model pursues.