Banca de QUALIFICAÇÃO: PEDRO AUGUSTO COSTA VALE

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : PEDRO AUGUSTO COSTA VALE
DATE: 01/07/2025
TIME: 14:00
LOCAL: Ambiente virtual
TITLE:

TOWARDS A CITIZENSHIP IN MOTION: THE (IN)APPLICATION OF INTER-AMERICAN HUMAN RIGHTS LAW IN JUDICIAL DECISIONS ON MIGRANTS' ACCESS TO PUBLIC POLICIES IN BRAZIL

KEY WORDS:

international migration; public policies; human rights; Inter-American Human Rights Protection System; Judiciary.

PAGES: 227
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

International migration constitutes a complex phenomenon that challenges traditional conceptions of law, sovereignty, and citizenship, especially in light of the increase in forced displacement and growing global asymmetries. In the Brazilian context, the judicialization of access to public policies has increasingly become a means of ensuring the realization of human rights. Consequently, this phenomenon has also become more evident in the case of foreign nationals residing in the country. The research addresses the issue of the extent to which the normative instruments and other mechanisms of the The Inter-American system for the Protection of Human Rights (IASPHR) – including treaties, soft law, statements, and decisions of its bodies – influence judicial decisions regarding migrant access to public policies in Brazil. The general objective is to analyze the degree of internalization of Inter-American standards within the Brazilian legal framework with respect to migrant access to public policies. The specific objectives are: (i) to contextualize contemporary migratory flows; (ii) to present the international legal frameworks for the protection of migrants; (iii) to analyze the Brazilian legal system regarding the protection of migrants' rights; and (iv) to assess the extent to which national jurisprudence on migrant access to public policies aligns with the standards established by the IASPHR. Methodologically, the study adopts a mixed and descriptive approach, using bibliographic research, document analysis, and jurimetrics. The empirical stage includes the examination of decisions issued by the Brazilian Federal Supreme Court (STF) and the Superior Court of Justice (STJ), covering the period from 2021 to 2024. The study is justified by the need to assess the effectiveness of the international commitments undertaken by the Brazilian State, particularly in light of the enactment of the Migration Law and judicial public policies aimed at recognizing international human rights law. The results indicate that Brazil has a normative framework formally aligned with Inter-American treaties, but its effective implementation remains limited and virtually nonexistent. The study concludes that the incorporation of IASPHR standards into public policies and judicial decisions in Brazil is still incipient, and it is necessary to strengthen institutional mechanisms of internalization to ensure the effectiveness of human rights protections for migrants in the country.

COMMITTEE MEMBERS:
Interna - ***.106.864-** - BRUNA AGRA DE MEDEIROS - UFRN
Interno - 1051231 - LUCIANO ATHAYDE CHAVES
Interno - ***.277.431-** - RUBÉN MIRANDA GONÇALVES - ULPGC
Presidente - 2527208 - THIAGO OLIVEIRA MOREIRA