O This work has sought to show consumer society as a tool for conditioning the human person and limiting the realisation of fundamental human rights, in particular social rights, in order to require the State to provide legal instruments, both substantive and procedural, in order to overcome political and procedural limitations on political and procedural equality. From that perspective, this work presented the link between private relations and fundamental rights and the application of mandamental and executive guardianship in broad sense, so that the effectiveness of the law can be achieved specifically, both in a preventive manner and as a remedy, in the face of the legal conflicts that naturally arise in a consumer society, along the lines of the reality that the neoliberal system has imposed globally and locally, and to that end presents some practical applications of those procedural instruments in the field of health law in Brazil. Keywords: Consumer society. Social rights. Right to health. Special guardians.