Name: MANUELA COUTINHO COSTA
Publication date: 15/06/2020
Advisor:
Name |
Role |
|---|---|
| BRUNELA VIEIRA DE VINCENZI | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| BRUNELA VIEIRA DE VINCENZI | Advisor * |
| VALESCA RAIZER BORGES MOSCHEN | Internal Examiner * |
Summary: The crisis of forced human displacement has reached alarming levels. Year after year, the number of asylum applications grows exponentially globally and nationally. The Brazilian system, when confronted with the migratory reality, proves to be insufficient and unable to manage the flow of processes of recognition of the status of refugee established, having, in 2018, reached the sixth largest collection of requests pending judgment in the world. Inevitably, the absence of an effective political-administrative structure leads to a long and arduous wait for the asylum seekers until CONARE's decision about grant or not legal refugee status. Given this scenario, the investigation aims to analyze the applicability of the procedural guarantee of the reasonable duration within the scope of the process of recognition of refugee status in Brazil and the impacts arising from its violation in the lives of asylum seekers. Therefore,
the regime applicable to refugees and asylum seekers in Brazil is presented
with a focus on the administrative process provided for in Act 9,474 / 97
for the recognition of refugee status, going through the study of its legal
nature, as well as the examination of the due legal process as a human right
guaranteed to this population. In this context, relating the theoretical
bases to the data obtained at the Ministry of Justice, the research points to
a patent violation of the reasonable duration of the process and reflects on
the chasm between the described and the achieved. Therefore, through
interviews with representatives of the Public Defender of the Union and the
Caritas Arquidiocesanas of São Paulo and Rio de Janeiro, the research aim is
to observe the challenges faced by applicants during the processing of their
requests specifically because of their condition. It is concluded that the
exacerbated delay in the judgment of the processes of recognition of refugee
status, besides constituting a serious affront to the human rights of asylum
seekers, throws them into a social and legal limbo that increases as time
passes. Thus, with a view to the effective protection of this population, it
is proposed to redefine human rights in the light of the Critical Theory of
Human Rights, based on the teachings of Joaquín Herrera Flores,
understanding them as processes of struggle for dignity, fostering the
empowerment of the group and accentuating the potential of action and
reaction for the construction of material conditions of dignified life.
