A defesa dos direitos dos migrantes pelo Comitê Estadual Intersetorial de Atenção aos Refugiados, Apátridas e Migrantes do Rio Grande do Norte: os desafios para o cumprimento do direito internacional
Facing the intensification of the influx of people between borders and the advancement of cooperated solutions to the migration phenomena, the subnational bodies have been increasingly involved in the migratory governance. The rapprochement of this area of interest considers the obligations inherite...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/46855 |
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| Resumo: | Facing the intensification of the influx of people between borders and the advancement of
cooperated solutions to the migration phenomena, the subnational bodies have been
increasingly involved in the migratory governance. The rapprochement of this area of interest
considers the obligations inherited by the national public bodies, before the responsibilities
taken over by the States internationally. The current investigation was developed envisaging
the observation of measures adopted by the State of Rio Grande do Norte, through the recent
Intersectoral State Committee on the Attention to Refugees, Stateless Persons and Migrants of
Rio Grande do Norte (CERAM/RN), in relation with the international standards for migrant’s
rights protection. Regarding the reserved powers assigned to the member-states by art. 25, § 1º,
of the Federal Constitution, the question is to define the rights whose assurance remains within
the limits of the federated state’s responsibility and then verify in what measure the normative
activity of CERAM/RN responds to international law. To this end, the method of research
employed was exploratory, adopting the procedures of documental and bibliographical analysis
and direct observation. From this observation, it was verified that the member-states can be
demanded to fulfill a broad body of international norms that assign the migrants subjective
rights. Thus, the states meet an intermediary position, steered by the federal laws, from which
they owe obedience, and limited by the municipality’s power to refer to local interests, making
the cooperative federalism an adequate means chosen by the Brazilian State to ensure migrants’
rights. The concurrent examination of the international law in force in Brazil and the experience
from CERAM/RN showed that the committee’s capacity to act is limited, although it functions
as an articulator and promotor of migrants’ rights in accordance with international law
standards. In that way, it has no competence to act on the implementation of those rights, such
responsibility remains in the field of the active bodies of the Administration, as well as the
Judiciary in it’s role safeguarding the law. |
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