SILVA, J. R. A.; http://lattes.cnpq.br/4997892826674191; SILVA, Jancalle Raonne Alves da.
Résumé:
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.
