O direito internacional na pós-modernidade e a construção dos direitos humanos dos deslocados internos

Abstract

According to UNHCR Report (2015): Global Trends Forced Displacement, there are sixty-five million people worldwide who have fled their homes because armed conflict, widespread violence, human rights violations or environmental disasters forced displaced persons, who have left back not only their belongings, but also a life project. Despite this number, forty million people, by desire or lack of material conditions, remained in their own countries, not crossing any international border, living in precarious and improvised situations the so called internally displaced persons. Although the fact this phenomenon is not recent and the large numbers of the statistics, the internal displacements began to receive attention in the international community only since 1990s, when a protective regime has began to being developed through a number of global governance mechanisms: the Project on Internal Displacement. In the United Nations system, a Special Rapporteur on the Human Rights of Internally Displaced was created within the framework of the United Nations Human Rights Council at the same time two soft law were elaborated: the Guiding Principles and the "Pinheiro Principles". Among the regional human rights systems, the first and only treaty, the Kampala Convention, was celebrated in the African system. Meanwhile, in the inter-American and European systems, despite the absence of a treaty, the international courts have construed its Conventions in the light of those principles. In this way, the human rights of internally displaced persons are being built through rights provided by soft law confirmed by judicial precedents of the regional human rights courts. This issue consolidate the international custom that avoid forced displacement, protect victims its during and, once the causes of displacement ceases, restore as much as possible the whole situation. Therefore, the construction of the human rights of internally displaced persons is made through a postmodern international law in the context of an international community based on the valorization of the human being, on norms of hierarchical superiority, through objective obligations and systems of international responsibility of states and individuals transforming domestic affairs, once restricted to the absolute sovereignty of the nation-state, on transnational issues that can be possible be solved through mechanisms of global governance.