DIREITOS HUMANOS, DIREITO INTERNACIONAL E RELAÇÕES INTERNACIONAIS: UMA REFLEXÃO CRÍTICA DA TEORIA E APLICAÇÃO NO CONTEXTO CONTEMPORÂNEO

<p>In the contemporary context, the discussion in regional and global forums on individuals rights protection has gained more strength, from the moment that the national states have agreed to discuss the subject no longer as exclusively internal matter. This boosted the normative and institutional development of international human rights law and humanitarian law, although in different measures, to a new and praiseworthy stage. The application of humanistic rules in international society shows, however, still discriminatory and selective, which highlights the peculiar character of international law, strongly influenced by the International Relations and based on the principle of state sovereignty and the principles deriving from it. Thus, the objective of this article is to situate the complex relationship that involves human values ​​in international law, from its Westphalian and realistic Marxist perspective that seeks to contextualize them as the product of a historical process inserted into an interstate system, governed the logical theory of sovereignty and dynamic practice of political realism, which differs diametrically internal legal structuring of states.