Do protocolo ao RNE: uma análise da lei brasileira 9.474/97 e o processo de solicitação de refúgio no Brasil à luz dos fluxos haitiano e venezuelano

Abstract

The Brazilian redemocratization process, the inspiration contained in the Brazilian constitution of 1988 and the desire to reinsert with new credentials in the international system were responsible for a reformulation of Brazilian perspectives on human rights in the 1990s. Marked by adherence to various international human rights treaties and the creation of national programs in this regard, Brazil was the first country in Latin America to have specific refugee legislation: Law 9.474 / 97. This policy put Brazil at the forefront of the issue and it has been praised by the United Nations refugee body and it inspired the creation of other national refugee laws. Filled with generous refugee provisions, the law grants many rights to applicants and refugees. It also establishes the creation of the Brazilian National Refugee Committee, the stages of the refugee application process in the country. Besides, it recognizes as refugees not only those who has suffer from well-founded fear of persecution on grounds of race, religion, nationality, social group membership, or political opinion, but also to those individuals subjected to situations of serious and widespread violation of human rights. However, both times Brazil had to deal with massive flows of refuge applicants it had difficulty managing the Haitian and Venezuelan crises and did not make use of the expanded definition for recognition refuge condition. In this sense, the questions regarding the (in) applicability of the Brazilian refugee law are analyzed, either for political reasons or for practical ones.