Direitos dos deslocados ambientais no cenário nacional: reflexos da imigração Haitiana no Brasil.

Abstract

Migration processes have always existed throughout the history of mankind. However, the needs and motivations of this phenomenon have undergone changes associated with rapid environmental changes. According to the narrow definition of refugee expressed in the 1951 Geneva Convention, a refugee would be a person who, afraid of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside their country and fear can not or will not return. However, as the weather factors this guidance document is silent, not attributing to environmental migrants refugee status. Haitian immigration to Brazil began after the earthquake of 2010 the country was not prepared to receive so many environmental refugees, which caused chaos in neighboring Member States for which Haitians stepped into a clandestine manner. The research will address the analysis of the conditions of Haitians in Brazil, analyzing since its entry into the country, as well as all their rights and duties in the country, emphasizing the role of the Brazilian government in protecting the rights of this population. The entire study will be done by the method of deductive approach and the research technique will be indirectly documentation through legal substantiation of the 1988 Federal Constitution, the Law 9474/97, Law 6815/80 and relevant decrees and resolutions of literature, in books, magazines and websites. Although admittedly the requirement of creating laws to characterize the environmental displaced, effective actions seem distant. In the international context which could ensure, as a priority, it would be an amendment to the 1951 Convention to extend the concept of refugee, covering the protection of environmentally-displaced, this action would need to add the Brazilian government efforts to improve the structure of shelters that receive Haitians and seek ways to insert them into the labor market by providing subsidies so that they may obtain the rights to the human condition itself confers.