A nacionalidade no direito internacional contemporâneo: o refúgio dos direitos humanos

Abstract

This work aims to conduct a review of nationality from the perspective of contemporary international law. The driving question is the problem of the effectiveness of human rights. Based on these premises, the study follows the hypothesis that nationality has not declined with the development of international human rights law. On the contrary, its importance remains enduring within the structure of international law organized by sovereign states. This does not mean, however, that no changes have occurred. In reality, contemporary international law is the result of decades of expansion in international law, combined with the human rights doctrine and revolutions in factual contexts. Ultimately, several institutions of international law have been reimagined with new purposes according to the demands of the international community. Nevertheless, the multiplication of actors and the internationalization of state competencies have not reduced the importance of the state, given the preservation of certain structuring principles of modern international law. Furthermore, the reconfiguration of the international order has promoted new values and orientations for traditional concepts, particularly the state and its elements. In this sense, nationality, as a link between the individual and international law through the state—its central subject—must also be reconsidered in light of contemporary developments. Through bibliographic and documentary research, this dissertation presents fundamental concepts related to nationality and the changes that have occurred over the centuries. However, the universalist aspiration and the direct applicability of human rights do not obscure the fact that nationality remains an important instrument for their realization. Adapted to contemporary international law, nationality serves the functions assigned to it by international human rights law and provides a more effective means of protecting and guaranteeing individual rights. For this reason, in addition to the factual changes of its time, nationality emerges as a human right in itself, whose protection has an impact on other human rights. Following this, a quantitative analysis of cases and international documents is conducted to produce the most accurate depiction of this right today, according to both practice and doctrine. Finally, the thesis is challenged by selected cases of potential grave and widespread human rights violations. In such circumstances of human rights ineffectiveness, the study seeks to understand the role played by nationality and the international response concerning the right to a nationality. Ultimately, the research aims to provide a comprehensive review of contemporary international law from the perspective of nationality and the subjects and institutions involved. The research results intend to offer study materials and also raise new questions to be explored based on the conclusions, presenting suggestions, indications, and challenges for further investigation.