APÁTRIDAS E DIREITO À NACIONALIDADE: ANÁLISE LEGISLATIVA E JURISPRUDENCIAL DA APATRIDIA NO BRASIL

Abstract

This study analyzes how the Brazilian State deals with the commitments made in International Conventions regarding the legal protection of stateless persons. It investigates national laws and judicial decisions to assess the effectiveness of measures taken in accordance with these conventions. A descriptive and exploratory approach is used, based on a qualitative methodology involving literature review and documentation. Emphasis is placed on the right to nationality as a fundamental right, addressing the issue of statelessness and legal protection mechanisms, both at the international and national levels. The case study, such as that of the sisters Mamo and Andrimana, is also used to analyze Brazil's performance in implementing these commitments. Despite progress in legislation, there are still gaps to be filled, especially concerning the challenges faced by stateless individuals in obtaining nationality. The importance of effectively applying international norms in the national context is emphasized, highlighting the relevance of the Migration Law and the role of the Judiciary in ensuring rights.