Navegando por Assunto "Direito internacional público"

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Em que medida a remoção forçada da comunidade terra prometida estava de acordo com o direito à moradia e os tratados internacionais
(Centro Universitário do Estado do Pará, 2024) Gemaque, Andrew Panato; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
The present study aimed to investigate the removal of the "Terra Prometida" community in order to understand the deficiency in the implementation of the right to housing and the provisions of International Human Rights Treaties. To do so, it relied on a historical contextualization of urban formation in Brazil and the Amazon region, specifically the metropolis of Belém, in Pará, to understand socio-spatial segregation in cities and why irregular occupations are marginalized as non-rights holders.
Fechamento das fronteiras nacionais para recebimento de refugiados: regular exercício da soberania nacional ou violação do dever de acolhimento humanitário?
(Centro Universitário do Estado do Pará, 2021-02-24) Santos, Renan Azevedo; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Rocha, Luiz Alberto Gurjão Sampaio de Cavalcante; http://lattes.cnpq.br/7046508747408574
Immigration in the form of refuge is directly linked to the theme of Human Rights. In the refuge, the individual's social, psychological, legal and professional losses are profoundly intense. Through humanitarian reception, the individual seeks in another nation conditions that are minimally worthy of areas, this displacement being the only alternative to escape from the successive human rights violations by the country of origin. For this reason, the theme of refuge and humanitarian reception is directly linked to the issue of Human Rights. The 1988 Federal Constitution, human dignity and national sovereignty as foundations of the Democratic Rule of Law, allowing foreigners to enter and remain in Brazil, but, at the same time, delegating to the Union the power to define the rules for the functioning of national borders. In recent years, the entry of refugees in Brazil has increased exponentially the demand for basic social services that the Government is obliged to provide, both for Brazilians and for refugees within the national territory. The question of this research is as follows: can the Federal Union, in the exercise of national sovereignty, close national borders against the entry of refugees with the justification of social and financial protection of Brazilian investors? This dissertation is part of the research line “Human Rights, Public Policies and Regional Development”, from the Graduate Program of the University Center of the State of Pará (CESUPA). To achieve this goal, the work is divided into three chapters. The first chapter consists of an analysis of the history involving Brazilian migration legislation. The second chapter brings conceptual questions related to the phenomenon of immigration, analyzing, next, the content and extension of the principle of human dignity in the 1988 Constitution, using the teachings of Jünger Habermas on the universal meaning of dignity, whose understanding is fundamental to understand the guarantees securitized by the refugee in Brazil. Finally, in the third and last chapter, the analysis of the legislation on Brazilian borders is made, in order to conclude whether or not it is constitutional to close them as a public policy to reduce socioeconomic problems generated by immigration. The research is exploratory and descriptive. The research used is national and international bibliography, as well as a concrete case study of ACO 3121, where the STF ruled on the theme.
Jus gentium no século XXI e a fundamentação do direito internacional público dos direitos humanos: uma análise da acolhida e integração de refugiados venezuelanos no Brasil
(Centro Universitário do Estado do Pará, 2021-01-21) Santa Brígida, Yasmim Salgado; Pinheiro, Victor Sales; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; http://lattes.cnpq.br/0416222855469529; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Simões, Pedro José Calafate Villa; http://lattes.cnpq.br/1241931341359163
The purpose of this research is to analyze, in the light of the foundation of Public International Law resulting from the jus gentium of scholastic ethics, the subjective right to refuge, having as a landmark the recent mass flow of Venezuelan refugees in Brazil. In this research, the right to refuge is reflected on the assumption of acceptance and integration as necessary elements to effectively protect their human rights. We understand that the ethical precepts of the jus gentium in the XXI century legitimize sovereignty as responsibility. Universal jurisdiction, based on the ethical precepts of the reason of humanity, entitles man as a subject of subjective rights, affirming the dignity of the human person beyond the positive treaties, inaugurating the foundations of the legal principles of Public International Law. This research lists the international and national norms (treaties, judgments and consultative opinions) that concern the person - the pro persona principle - and on reception and integration, which bind and oblige the government to guarantee the protection of the human rights of immigrants and refugees. In the approach to the international human rights system, the jus cogens rules are the maximum expression of the limitation of state power - one of them is the non refoulement. Consequently, there is a need to adopt effective public policies, related to the role of the State in carrying out technical and systemic action plans. It discusses the difficulties of people in a condition of refuge at national level, in addition to addressing which public policies should be adopted in conjunction with various agents responsible for the various sectors of society (security, housing, work, social security, health, education). We believe that the right to shelter must be realized for all people, as it is indispensable for life and for the protection of human dignity, therefore, it is essential the development and improvement of the InterAmerican System for the protection of human rights and the effectiveness of a national immigration and refuge policy. It is concluded that, in order to implement public policies for Venezuelan refugees, guaranteeing their human rights, it is essential to strengthen international and national cooperation (between federative entities, public administration bodies and powers) through comprehensive systemic plans together with the other agents of society (organized civil society, NGOs, and the private sector). The study used, as a methodology, mainly the bibliographic survey, the research being eminently theoretical.