The theme is delimited around the new configuration of the contemporary State as a product of the 2008 crisis that generated a loss of democratic substance in international relations and consequent reflections on the internal scene, such as the inability to finance rights, public policies, the impossibility of guaranteeing new demands, deficit of democratic legitimacy (eg State submission to market rules and lack of political programs).

The fundamental issue is the possibility of applying stricter market regulations in the international segment and their main implications in the scope of law and democracy. What would be the new configurations of the State as a product of globalization and crisis? What factors led to the loss of democratic substance that led to the crisis of the nation-state and what are the new purposes of the state? The research’s guiding hypothesis leans towards the search for resuming the figuration of supranational bodies that will legitimately regulate and control the market. In this context, the purpose of the investigation comes from the importance of delimiting median parameters of behavior and procedure for state intervention in the economic domain from the reading of the real contemporary State, the new law and even new conceptions of democracy.

The theoretical foundation is divided into three stages, namely: first, a historical study of national states from the 70s onwards is proposed, and, in parallel, the evolution and transformations of democracy. Second, it tries to identify the characteristics of the new contemporary state after the 2008 crisis and the main factors that led to the loss of democratic substance. Finally, carrying out a comparative study, the notes and contributions of scholars such as Jürgen Habermas, Eduardo Appio and Floriano P. A. Marques Neto deserve special attention.

The research will be implemented from deductive operations, reaching conclusions upon consideration of general premises concerning the proposed theme. Dialectical and comparative operations may be used, eventually and in addition, as the way the research is operationalized is expected to achieve its objectives efficiently and satisfactorily.