Direito internacional dos refugiados e a legislação brasileira na interface da pandemia do COVID19.

Abstract

This research aims to analyze the internationally recognized Law on refugees and migrants, and the Brazilian legislation on the matter, connecting them to the pandemic context of the worldwide proliferation of covid19, as well as investigating whether the Brazilian government violated fundamental rights in the face of obligatory perspective of humanitarian reception, by adopting the migratory policy of closing land and waterway borders, restricting the entry of foreigners into the country. It discusses a little of the history of migrations, the demonstration of the concept and the characteristics of the refuge originating from the 1951 Geneva Convention Relating to the Status of Refugees, the influence of the 1967 Protocol to expand the concept, and the role of the High Commission of the United Nations for Refugees. The study was elaborated through a qualitative approach, with an exploratory profile and supported by bibliographical references, involving the perspective of Human Rights, seeking to recognize the refugee and migrant as a vulnerable subject, however holder of guarantees defined in international treaties. The 1951 Statute created guiding norms to assist States in the elaboration of their migratory policies, these provisions guarantee the right to the individual to be supported wherever he or she seeks refuge, to be granted the implementation of the principle of nonrefoulement, and not sanctions should be applied in case of irregular entry into the country, as well as the Constitutional observation of due process of law, contradictory and broad defense.