Direito

URI Permanente desta comunidade

http://repositorio.ufes.br/handle/10/17545
Programa de Pós-Graduação em Direito Processual

Centro: CCJE
Telefone: (27) 4009 7723
URL do programa: http://www.direito.ufes.br/pt-br/pos-graduacao/PPGDIR

Navegar

Navegando Direito por Autor "Almeida, Guilherme Assis de"

Agora exibindo 1 - 2 de 2
  • Nenhuma Miniatura disponível
    Item
    Da invisibilidade ao reconhecimento : o processo como instrumento de luta dos refugiados pela efetividade de seus direitos
    (Universidade Federal do Espírito Santo, 2017-06-05) Merigueti, Diego Souza; Vincenzi, Brunela Vieira de; Moschen, Valesca Raizer Borges; Almeida, Guilherme Assis de
    The international refugee institute acquires a notable space of discussion in the juridical sciences, notably because, in spite of the vast and extensive protection mechanisms already in existence, there is a gap between normative texts and the realization of the rights prescribed therein. To this extent, it is perceived that the mere affirmation of the rights that are guaranteed to the refugees is not enough to guarantee them the recovery of lost dignity, revealing experiences of invisibility and exclusion. The study, therefore, runs through the need to understand the question of justice as a space of participation on equal conditions with other members of the social body and the procedural phenomenon as an attentive mechanism to the needs of achieving this same justice. The general objective presented in the study is precisely to present the use of the judicial process as a possible, apt and necessary mechanism in the search for the effectiveness of the rights of refugees and asylum seekers in Brazil. In view of this, Axel Honneth's theory of recognition was used, with an emphasis on its legal dimension. After the introductory stage, the second chapter inserts the reader in the theme of violence that generates forced human displacements throughout history until contemporaneity and, at the same time, as a stimulus for the establishment of a system of global protection for this population. The third chapter, in turn, takes care of the evolution of the refugee definition and presents the main legal and normative frameworks of the international protection system of the refuge and its most basic guarantees, with emphasis on the Brazilian domestic regulation. The fourth and final chapter faces the issue of the realization of refugee rights through the provocation of the Judiciary. Judicial demands, therefore, are instruments that can be used by refugees in this search to overcome the gap between the rights guaranteed and their realization, as well as the situations of invisibility and exclusion. The research used the qualitative approach as a methodological support, through a bibliographic and documentary study. The conclusions of the present study indicate the crucial points raised in the research hypotheses, especially regarding the crucial role of the Judiciary in the realization of refugee rights and in the recognition of this population as a legal person with participatory parity in the social sphere.
  • Nenhuma Miniatura disponível
    Item
    O princípio da fungibilidade como solução aos julgamentos de casos não elegíveis ao refúgio: a proteção pela acolhida humanitária
    (Universidade Federal do Espírito Santo, 2022-09-19) Oliveira, Isabella Thalita Andretto; Moschen, Valesca Raizer Borges; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726; Campos, Adriana Pereira; https://orcid.org/0000000225634021; http://lattes.cnpq.br/1013756650302841; Almeida, Guilherme Assis de
    The global migratory flow, which has intensified in recent years, has made the legal institutes dealing with migration, especially when forced, gain relevance. In this sense, the study proposed here is dedicated to the area of concentration in Justice, Process and Constitution, through which the application of the fungibility principle is analyzed as an alternative to the judgment of cases ineligible for refuge, as a way of giving maximum effectiveness to the Rights Humans. In order to do so, it investigates the regulatory legal frameworks, especially the 1951 Convention, the 1967 New York Protocol, the 1984 Cartagena Declaration, and domestic legal instruments, that is, Law 9,474/1997 and the Law 13,445/2017, in addition to soft law instruments, which form Brazilian migration policy. It also analyzes the modern motivations of forced migration, with emphasis on migrations due to violations of the Right to Development, as well as the consequences of the absence of an instrument to protect these migrations from the proposal of the Right to have Rights, by Hannah Arendt, in Origins of Totalitarianism, which first diagnosed the problem of migrants not welcomed by the refuge institute. It also aims to investigate the processes of request for refuge and humanitarian reception, mainly in relation to their similarities and distinctions, in addition to the study of the principle of fungibility in administrative processes. The research was carried out by adopting the method of analysis with the aim of decomposing the research object in detail, but combining it with the method of synthesis, in addition to the use of the deductive method as another instrument in carrying out the research, since, based on all the material produced based on the decomposition and synthesis methods, it is possible to formulate and adopt premises, from which an adequate answer to the problem can be extracted, without, however, reducing the study to the mere clipping of information. In this way, it was concluded that the granting of a residence permit for humanitarian reception is shown as a possible solution to the problem of the due reception of migrants forced by violations of the Rights to Development, which does not preclude that, in the future, the necessary changes to the Law of Refuge and international instruments are made to include these motivations among the eligibility criteria for refuge.