Direitos humanos dos migrantes venezuelanos e sua efetivação pela justiça federal brasileira no contexto da pandemia da Covid-19
Venezuela has been facing a severe political and economic crisis since 2015. In this context, the weakening of institutions and the impoverishment of the population have resulted in an unprecedented migration flow. The Venezuelan diaspora has a regional character, for most of the people involved...
Na minha lista:
| Autor principal: | |
|---|---|
| Outros Autores: | |
| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
|
| Assuntos: | |
| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/54377 |
| Tags: |
Adicionar Tag
Sem tags, seja o primeiro a adicionar uma tag!
|
| Resumo: | Venezuela has been facing a severe political and economic crisis since 2015. In this context,
the weakening of institutions and the impoverishment of the population have resulted in an
unprecedented migration flow. The Venezuelan diaspora has a regional character, for most of
the people involved in it have gone to other Latin American states, such as Colombia, Peru,
Ecuador, Chile, and Brazil. Many of the Venezuelans who have migrated to Brazil are in a
situation of socioeconomic vulnerability. Such a vulnerability has been aggravated in the wake
of the outbreak of the COVID-19 pandemic. Several lawsuits have been filed with the purpose
of safeguarding their rights in this scenario. Inasmuch as they are related to the interests of the
Union, many of these lawsuits have been adjudicated by the organs which belong to the Federal
Justice of Brazil. That said, this dissertation sets out to answer the following question: how has
the Federal Justice applied the international and domestic norms regarding the protection of
these migrants? The underlying hypothesis is that this branch of the Judicial Power has
contributed to the protection of this group through the correct interpretation of these norms and
their application to the facts narrated in each lawsuit. In this vein, this dissertation aims to
investigate how federal judges and Federal Regional Courts have judged the lawsuits
concerning the enforcement of the rights of these migrants. To this end, it is imperative to
achieve the following specific objectives: contextualising the Venezuelan mass migration by
indicating its roots, its dimension, and its social and political impact on the states of destination,
especially Brazil; presenting the main treaties and declarations that regulate this topic
internationally; examining how the Brazilian legislation governs the status of these individuals;
and at last, scrutinising the way the members of the Federal Justice have applied this normative
framework to the aforementioned lawsuits. This study has an applied nature and a qualitative
approach. The procedural techniques adopted were the review of literature and the content
analysis of judicial decisions, international instruments, and domestic legal documents. The
pursuance of this research is justified by the fact that it is directly related to the
Recommendation No. 108 of the National Council of Justice and to the Sustainable
Development Goals No. 10.2 and No. 10.7 of the 2030 Agenda. Through this scientific inquiry,
it was noticed that the Brazilian Federal Justice has indeed played an important role with regard
to the defence of the rights of such migrants, especially by regularising their status and fulfilling
their social rights. Nevertheless, in some cases, it faced procedural constraints, such as the
inadequacy of the actions used by the plaintiffs. |
|---|