Roraima: Análise de casos de crianças e adolescentes desacompanhados, separados e/ou indocumentados advindos da fronteira da Venezuela no período de 2017 a 2022

Abstract

This doctoral thesis analyzed cases of unaccompanied, separated, and/or undocumented children and adolescents in the state of Roraima, arriving across the Venezuelan border from 2017 to 2022. With the worsening political, economic, social, and humanitarian crisis in the Bolivarian Republic of Venezuela, the migratory flow of Venezuelan children and adolescents to Brazil increased considerably starting in 2015, directly impacting the state of Roraima. A significant portion of these children and adolescents arrive in Brazil separated from their parents or even unaccompanied by any adult. There are also those who enter with only a certificate of live birth, a document with no official value in Brazil, and those who lack any identification document, which significantly exacerbates their legal and social vulnerability. The general objective of the thesis was to examine the legal situation of Venezuelan migrant children and adolescents in the State of Roraima, at the time of migration control, and the measures adopted by the Brazilian justice system, such as, for example, the granting of custody and guardianship as a viable alternative for regularizing this situation of risk and vulnerability. The specific objectives were outlined to address the human right to migrate and a possible inconsistency between this right and state sovereignty; to investigate Venezuelan migration to Brazil in the context of childhood and adolescence and the normative instruments, international and national, for the protection of children; and to deepen the study on the coordination of the Court of Justice of the State of Roraima - TJRR with other bodies of the judicial system to facilitate the migratory regularization of this child and youth population, discussing data extracted from the unified procedural database of the TJRR, in the Children and Youth Courts, from February 2020 to July 2022. The methodology adopted involved a bibliographic and documentary review, analysis of normative and jurisprudential content, consultation of public documents in reports and publications from official public institutions, international organizations, journals, and scientific articles, and empirical analysis of data extracted from the TJRR. The results demonstrated that the TJRR, in systemic coordination with other actors of the Rights Guarantee System, acted competently and committedly through the adoption of relevant and innovative measures, consolidating its position as an active agent in the response to the migration crisis. However, the vulnerability of migrants has not disappeared with this specific action by the Brazilian Judiciary, representing an ongoing challenge for the State of Roraima in dealing with a dispute of such magnitude.