Fechamento das fronteiras nacionais para recebimento de refugiados: regular exercício da soberania nacional ou violação do dever de acolhimento humanitário?

Abstract

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.