This research intends to analyze the institutional and procedural expediency of a guardianship and protection judge of the “Dworkinian Hercules” type for guaranteeing the social rights in the Colombian Social State of Law. Being so, the Colombian juridical system implies a complex relationship between legal and constitutional juridical norms. In particular, when judges decide over cases, the possibility of obeying legal imperatives (Art. 230, Colombian Political Constitution) and obeying constitutional principles (Art. 4, 93, and 94, Colombian Political Constitution) can be seen in the Constitution as a demand for democracy, which in its substantial conception requires of normative and material conditions built on the foundation of the existence of autonomy, an essential core of human dignity. The issue becomes more relevant when concerning cases of guardianship and protection, as this type of legal action has transformed into the mechanism for the protection, stabilization, and judicial guarantee of violated fundamental and social rights. In Colombia, this has meant, for the most part, the breaking of the independence and balance of the public powers. Tyrant judges, judges generating law and public policies out of thin air, legislator judges, are some adjectives, among many, with which the judicial intervention looking for guaranteeing fundamental social rights is described.