Uma análise das múltiplas violações das garantias fundamentais pela negativa do Registro Civil

Abstract

This project aims to analyze the violated rights of eight indigenous Waraos, born in Belém, due to the denial in the making of the birth registration, by the Brazilian authorities. This occurs due the lack of efficacy given to the refugee protocol as a valid document to identify the refugee and to assure the right of registration. The research shows that the legal documents allows the regularization of the Venezuelan immigrant in the Brazilian territory, showing that the refugee protocol is a provisional document to identify taw refugee, according to the “Resolução Normativa CONARE nº 18” from 30/04/2014, Lei nº 9.474/97, Law nº 13445/17, as well as the Presidential Decree nº 9277/2018. Besides, this article aims to show, by studying the right to citizenship and criteria used by Brazil to grant this right, that those children are considered as Brazilians, but they don’t have these right granted, once the right is given by the registration act, which is important for the national data base of the citizens. Therefore, it’s argued that those individuals are in a condition of statelessness, which is the understanding utilized by international documents, the Inter-American Human Rights Court in their decisions and the High Commissioner of the United Nations for Refugees in its Resolutions. In conclusion, the right of registration is a basic human rights that allows the efficacy of other rights. For that matter, the registration act is a obligatory document, as can be seen in the Law of Public Registration, nº 6.015/73, International Covenant on Civil and Political Rights (1966) and the Convention on the Rights of the Child (1989), and so the denial in elaborate the document violated several rights, such as the right to personality, to citizenship, to the name and other social rights.