Da invisibilidade ao reconhecimento : o processo como instrumento de luta dos refugiados pela efetividade de seus direitos
Nenhuma Miniatura disponível
Arquivos
Data
2017-06-05
Autores
Merigueti, Diego Souza
Título da Revista
ISSN da Revista
Título de Volume
Editor
Universidade Federal do Espírito Santo
Resumo
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.
Descrição
Palavras-chave
Procedure , Invisibility , Recognition , Refugees , Effectiveness , Processo , Invisibilidade , Efetividade
Citação
MERIGUETI, Diego Souza. Da invisibilidade ao reconhecimento: o processo como instrumento de luta dos refugiados pela efetividade de seus direitos. 2017. 188 f. Dissertação (Mestrado em Direito Processual) - Programa de Pós-Graduação em Direito Processual, Universidade Federal do Espírito Santo, Vitória, 2017.