The objective of this article is to problematize the myth of the judge as a major player in the judicialization process of public policies, to present the norm communicator as real main actor. Through compared problematization on both civil and common law systems and the magistrate's role in these systems, followed by the conceptualization of the terms "judicial control", "judicialization" and "judicial activism" to demonstrate that its characteristics are predetermined in initials, we demonstrate the supporting role of the judge and the high level of the norm communicator's responsibility, whom we conceptualize and define its role, especially when it comes to the discussion of public issues with the judiciary. Without intending to propose solutions, we concluded with a reflection on the silence around this real protagonism.101241257