PROTECTION OF THE STATELESS IN BRAZIL IN THE LIGHT OF THE NEW YORK CONVENTION OF 1954
Nationality. Human rights. Statelessness. International right. Internal legislation.
With the advent of the Universal Declaration of Human Rights in 1948, several rights were defined for individuals, men - among them, the right to a legal relationship with a State, the right to nationality. Nationality is the legal bond that binds a human being to a sovereign state and to this it is the discretion in the establishment of criteria for its recognition. Faced with the absence of this formal bond of nationality, we have the phenomenon of statelessness, which marked the history of the twentieth century and profoundly undermined the structures of international law. Statelessness may occur as a result of disputes between states over the legal identity of individuals, succession of States, prolonged marginalization of specific groups within society, or depriving groups or individuals of their nationality. And although there has been an important evolution towards solving and preventing this problem, it is still a reality that has consequences. In this context, the issue of stateless persons and their rights from international tutelage and jurisdiction is addressed, since lacking a nationality implies precisely not existing as a person within the international community. This work approaches the theme from an international perspective with the objective of identifying the causes of this phenomenon and analyzing the normative documents and the measures that have been adopted, both nationally and internationally. The study will seek to demonstrate the importance of nationality for the human being, highlighting the parameters brought by international law on nationality and statelessness. However, demonstrating that the current Brazilian stateless protection regime is still insufficient to establish stateless status, but the Brazilian legislation under construction has shown an indisputable effort to modernize, in relation to the treatment of the situation of foreigners, especially or stateless person.