O regime internacional dos refugiados e o compliance pelo Estado brasileiro: da evolução do instituto do refúgio à atuação do Brasil no séc. XXI

Abstract

The refugee issue has obtained gradually more importance in the international system. The problem addresses sensitive issues, such as the protection of the human rights from people who are victims of persecution. However, the national interests are often prioritized leaving the humanitarian aspects aside to the detriment of the political-economical. The UNHCR, international organization responsible for the protection of the refugees, faces several challenges in the performance of its activities, either because of the large number of people who need their assistance, or due to the lack of cooperation and solidarity on the part of the States. To reverse this problematic framework in which the refugee is seen as a threat to national security, attention should be drawn to the fact that refugees are not escaping by choice but to safeguard their lives. Thus, the present work, performed through the qualitative method, aims to analyze the commitment of the Brazilian State to the responsibilities assumed upon ratification of the 1951 Convention and the 1967 Protocol Relating to the Status of Refugee. In order to do so, it was explained at first, the concept and the role of international regimes, presenting the mechanisms of verification, compliance and enforcement and deepening the debate on regime theory. Next, the refugee regime was approached from a historical-normative evolution, mentioning the link between the institutes of asylum and refuge and dealing with the UNHCR’s work. Finally, we sought to understand how Brazil is inserted in this context, examining its performance in the regime based on the logic of compliance with the agreements and highlighting the weaknesses of the Brazilian refugee policy.