Banca de QUALIFICAÇÃO: INGRID ALTINO DE OLIVEIRA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : INGRID ALTINO DE OLIVEIRA
DATE: 06/06/2025
TIME: 14:00
LOCAL: Ambiente virtual
TITLE:

BETWEEN THE NORM AND EXCLUSION: AN ANALYSIS OF THE PROTECTION OF IRREGULAR IMMIGRANTS IN THE INTER-AMERICAN HUMAN RIGHTS SYSTEM

KEY WORDS:

Irregular migration; Inter-American human rights system; international protection.

PAGES: 426
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The purpose of this research is to analyze the protection of irregular migrants within the framework of the Inter-American Human Rights System (IACHR), seeking to understand the challenges, limitations and possibilities for the effectiveness of this protection in the context of the migratory crisis that is intensifying in the Americas. Data from the International Organization for Migration (IOM) shows a significant increase in irregular migratory flows on the continent, marked by situations of extreme vulnerability, violations of rights, social exclusion and constant risks to the lives and physical integrity of these people. The relevance of the research is justified both by its social and humanitarian importance and by its academic-legal contribution, insofar as the phenomenon of irregular migration exposes millions of individuals to situations of risk, resulting from state policies that prioritize security, border control and the criminalization of human mobility, often to the detriment of the rights and dignity of these people. Furthermore, this is a topic that needs to be explored in greater depth, especially in the Latin American legal field, with regard to the role of the ISHR in dealing with tensions between state sovereignty and the international protection of human rights. Understanding how the IACHR positions itself in the face of this reality is fundamental to strengthening international protection mechanisms and encouraging the adoption of state practices that prioritize human dignity, regardless of migratory status. Given this context, the research problem is formulated in the following terms: to what extent are the states of the Americas responsible for protecting irregular migrants, in the light of the normative parameters of the Inter-American Human Rights System? The central hypothesis is that, although the IACHR has a solid normative and jurisprudential framework for the protection of irregular migrants, its effectiveness is constantly limited by structural barriers. These include the adoption of migratory policies of a security nature, the prioritization of the rigid defence of borders and the centrality of state sovereignty, which end up creating a significant gap between the norm and its effective application. The general objective is to analyze the role of the ISHR in the protection of irregular migrants. The specific objectives are: (i) to examine the foundations of international human rights law applicable to migrants; (ii) to analyze restrictive migration policies in Latin America and their conflicts with international obligations; (iii) to investigate the impacts of xenophobia, discrimination and the denial of fundamental rights to irregular migrants; (iv) to evaluate how the ISHR has acted in the protection of these subjects, based on the analysis of paradigmatic cases. Methodologically, it used a predominantly hypothetical-deductive method and a qualitative approach, based on bibliographical and jurisprudential research, the latter restricted to ISHR rulings. The results confirm that although the American system represents an advance in international protection, its effectiveness still faces serious political and structural obstacles. The conclusion is that overcoming these challenges requires not only normative advances, but a paradigm shift that places human dignity above borders, migratory status or sovereign interests.

COMMITTEE MEMBERS:
Interno - 1254860 - FABRICIO GERMANO ALVES
Interno - 1570072 - JAHYR PHILIPPE BICHARA
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL