The article 38 of the Statute of the International Court of Justice is expressed when dealing with judgments as merely an auxiliary source of interpretation of the international law, and not as a formal source. However, with the expansion of the International Tribunals, started strong process of dialogue between international and national courts aiming for its decisions interpreting human rights. Thus, this study aims to verify, through the hypothetical-deductive method and a literature review, if judicial decisions today are still auxiliary or true formal sources of international law of the human rights.