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The Colombian Politic Constitution of 1991 adopted the politic model of social state of law and recognized the fundamental and social rights. This article is to review and analyze the way how the constitutional action called Acción de tutela, to protect the health right, has increased in a really high proportion in the first decade of Constitution validity, this situation hasn't changed in the last years, as a consequence of the failures and weakness of the General System of Social Security of Health (SGSSS) established by the Law 100 of 1993. This specific situation has caused an economical impact in the public finances, besides the dogmatic division inside the country, this is called by the Constitutional Court as activism, because all the orders and decision has an economic and budgetary content. [ABSTRACT FROM AUTHOR]