Banca de DEFESA: PEDRO AUGUSTO COSTA VALE

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : PEDRO AUGUSTO COSTA VALE
DATE: 25/07/2025
TIME: 09:00
LOCAL: Ambiente virtual (https://meet.google.com/zcb-yfix-xfj)
TITLE:

Towards a Citizenship in Motion: The (Non-)Application of Inter-American Normative Sources of Human Rights 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: 258
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 Inter-American system for the Protection of Human Rights (IASPHR) influence judicial decisions regarding migrant access to public policies in Brazil. The general objective is to analyse 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 analyse 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 incorporates 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), the Superior Court of Justice (STJ), and the Federal Regional Court of the 5th Region (TRF5), 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 considering the enactment of the Migration Statute 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 non-existent. 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
Externa à Instituição - CLAUDIA REGINA DE OLIVEIRA MAGALHÃES DA SILVA LOUREIRO
Interno - ***.277.431-** - RUBÉN MIRANDA GONÇALVES - ULPGC
Presidente - 2527208 - THIAGO OLIVEIRA MOREIRA