O Direito Internacional dos refugiados e o ordenamento jurídico brasileiro: análise da efetividade da proteção integral das crianças e dos adolescentes refugiados no Brasil.

Abstract

The theme of human beings who need to seek protection in a territory other than their original or habitual residence is one of the most complex issues facing the international community currently. The refugee issue is subject of intense debate at the United Nations, which continues to look for more effective ways to protect and provide assistance to this particularly unprotected group. The present study seeks to analyze the history of the internationalization of human rights, as well as the creation and adaptation of international refugee law, consequently, the progress made at the national level, regarding the effective protection of the rights of this group of forced migrants. The Brazilian legal system regarding refugees is highlighted as one of the most supportive countries in the reception of refugees and the first South American country to legislate specifically on the subject in its Law 9474/97. In addition, it occupies a role of model in this subject in the international scope, since, besides creating a specific law for refugees, it received the Convention of 1951 and adhered to the Protocol of 1967. In addition of the exposed, the research goes deep in relation to the refugee people more vulnerable groups, which are child and adolescents. The question of the effectiveness of comprehensive protection adopted by the Brazilian legal system, based on the Federal Constitution of 1988 and the Statute of the Child and Adolescent, on this most vulnerable group of refugees is problematic. Finally, it is defended the need for cooperation between the family, the community, society and the State to guarantee the integral protection of the child or adolescent refugee in Brazil. Therefore, it is a space to deepen the research on the subject, considering the relevance and the challenging and urgent profile of the subject.