As normas de proteção ao imigrante e a crise na Venezuela

Abstract

The research addresses the rules that involve migration and the request for refuge at na international and national level, emphasizing the specific situation of Venezuelans seeking shelter in Brazil, avoiding the humanitarian and political crisis that plagues Venezuela. For this purpose, data collection, bibliographic searches of books, scientific articles, doctrine and international documents were used as a methodology to observe whether the application and regulation of the Migration Law and institutes at national level correspond to what is is established by the protection of the immigrants themselves, as well as by what is expected of Brazil as a signatory to the Pact of San José, Costa Rica and member state of the United Nations High Commissioner for Refugees. It will be demonstrated that the action of the Brazilian State in relation to the treatment of the immigrant is, in part, incompatible with the current legislation. The work is structured in three chapters, the first one examines the 1951 Geneva Convention relating to the Status of Refugees, the request for refuge in Brazil, the New Migration Law and the Brazilian Judiciary's understanding of the refuge institute. In the second, the Venezuelan crisis is analyzed, from the perspective of Resolution No. 2/18 of the Inter-American Commission on Human Rights, the Guidance Note on the flow of Venezuelans from the United Nations High Commissioner for Refugees and the Declaration of Quito. In the third chapter, criticism is made of the current position of the Brazilian state, in relation to the regulation given to the New Migration Law by Decree 9199/97, interministerial ordinance no. 12 of June 13, 2018 of the Ministry of Justice and Relations Foreign Affairs and by Normative Resolution No 28 of 20 December 2018.