O trabalho análogo ao escravo no Pais acolhedor: as mulheres e crianças refugiadas no Brasil
The refuge is a legal institute regulated by international and domestic law which aims to cover all those who, because of persecution or well-founded fear that this occurs due to its race, religion, association, political opinion or serious and generalized violation of human rights, seek protection...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/42771 |
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| Resumo: | The refuge is a legal institute regulated by international and domestic law which aims to cover all those who, because of persecution or well-founded fear that this occurs due to its race, religion, association, political opinion or serious and generalized violation of human rights, seek protection outside their country of habitual residence. The general objective of the present study is to analyze the institute of refuge and the labor relationship performed by refugee women and children in Brazil, and the possible solutions, in light of the internal legal system and the duly ratified international treaties, so that there is no differentiation between refugees and national workers. First, the paper develops a dogmatic/deductive study of law no. 9.474/97, one of the most modern pieces of legislation in the world regarding refugees, as well as the 1951 Refugee Convention and its 1967 Protocol. Moreover, through the theoretical/philosophical methodology, it examines, basing on specific bibliographies, the development of the refuge institute over the outbreak of world wars and post-war context. Additionally, with fulcrum in sociological analysis, pragmatic/realistic, developed from news on the topic, the paper analyzes the refuge under the perspective of the current humanitarian crisis in Syria, demonstrating, in the end, using data from official organizations, that most of today's refugees are children and women who, in order to maintain their existential minimum, as well as their social integration in the foreign country, end up submitting themselves to work in conditions akin to slavery, crime proscribed by our Criminal Code. Finally, the work concludes by the adoption of effective public policies capable of ensuring equality between nationals and foreigners in refugee situation on the competitive labor relations, making effective internal and external rules that Brazil ratified on the subject, and it proposes legal, social and administrative mechanisms to ensure that equality. |
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