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Considering the new world order established in contemporary times, the State has its powers diminished, its absolute sovereignty weakened and, in the legal field, the application of national ordinance is uncertain. There is a strong expectation that international law will be able to fill the gaps left by States. In this context, the question is: how can human rights be protected and enforced, and how can international law collaborate with this? The central objective of this work is to give attention to this problem and to bring concepts relevant to the reflection of the theme. This paper concludes that, although the State has its powers weakened in some areas, it still plays a central role in protecting the fundamental human rights of individuals.

Direitos Humanos no Estado de Direito (em crise): uma perspectiva contemporânea