Direito fundamental ao refúgio: políticas de públicas de proteção no Brasil.

Abstract

After World War II, the surge International human rights law in order to ensure and safeguard the minimum essential rights of man. With the considerable increase in people seeking accepted in other territories, comes the necessity of the specific study and characterization of rules that would allow a swift and fair protection. The main object of this monograph is supported by the international treaties and conventions, within the constitutional foundations and the infra provisions about the refuge and their requests as well as all the security measures adopted to these individuals and the receipt by the Brazilian legal system, the internationally guarantees granted to refugees. For a concrete study, was used the deductive method of approach, starting from the generality of aspects relating to international human rights law and coming to a specific study of the United Nations Convention relating to the Status of Refugees of 1951 the New York Protocol of 1967 analyzing the Law no. 9474, 1997, and its effectiveness in Brazil, policies adopted in 2011- 2014 and the role of the United Nations High Commissioner for Refugees (UNHCR). As a procedure method were applied the evolutionary history and the monographic which through the first there is any emergence and evolution of the institute in the past, its amendments and applications to the present; already from the second, is made all theme analysis of the international order to its entry into the domestic legal system and its more specific aspects on the effectiveness of the protection in the country. As regards the research techniques, we opted for literature, as well as the documentary, with the lifting of prior information on the field to be treated. From the study, it was concluded that Brazil has become benchmark for other countries in South America on the theme of refugees, having been perfected over the years, expanded its sphere of protected and absorbed the internationally most beneficial principles to those who lack protection.