Compliance no regime internacional de refugiados em face de movimento extraordinário de refugiados: a postura adotada pelo Grupo de Visegrado

Abstract

In the present study, we analyze whether in situations of extraordinary flows of refugees and economic migrants to states that are part of an area of free movement of persons, they can adopt restrictive measures of entry and stay in their territory without this affecting their compliance with the international regime of refugees. For this purpose, the behavior of the Visegrad Group (V4) countries was used as a case study, in the period from 2014 to 2017. In an attempt to identify whether their conduct may be considered a lack of compliance with the aforementioned regime, or if the measures adopted by them find some legal protection, care was taken initially to trace the history and evolution of the refugee regime, to take a parallel approach with the human rights regime (in light of the complex regime theory), to consider the normative context of the European Union, and finally the practice of the member countries of the Visegrad Group. In the end, it was concluded that, taking into account the evaluation of the other agents, the conduct of the Visegrad Group fails to meet not only what the refugee regime rules, but also the human rights regime. On the other hand, as it is an exceptional situationhe V4 members' allegation that this situation affects their public order and national security seems to be pertinent, based on the the exception allowed in paragraph 2 of article 33 of the 1951 Convention.