Banca de DEFESA: LIDIANNE ARAUJO ALEIXO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : LIDIANNE ARAUJO ALEIXO
DATA : 22/05/2017
HORA: 17:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE INTERNATIONAL PROTECTION SYSTEM FOR STATELESS INDIVIDUALS AND THE OPERATION OF THE BRAZILIAN STATE

PALAVRAS-CHAVES:

Nationality. Human rights. Statelessness. 

PÁGINAS: 120
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

 

In the postwar period, and under the impact of all the atrocities that occurred during this period, the international community began to discuss the need for a new legal order, since legal positivism was not meeting the needs of society, Refers to the protection of individuals. And it was with the advent of the Universal Declaration of Human Rights in 1948 that several rights to individuals were defined, among them the right to a legal relationship with a State, the right to nationality. 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. In response to the problem, and because of the large number of individuals in this situation, the international community adopted the 1954 Convention and the 1961 Convention for the purpose of identifying, protecting and preventing cases of statelessness. 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 subject will be addressed in order to analyze the issues involving stateless persons, since lacking a nationality implies precisely not existing as a person within the international community. This work approaches the subject 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 at the national and international levels for the protection of individuals who are in this situation, Even as long as this condition is reality between us, the protection of these individuals is necessary. 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. Knowing that the most effective way to protect stateless persons is essentially through the adoption of legislation that makes it impossible to create statelessness. In this way, the State's management on the issues that involve the attribution of nationality is of extreme importance. However, it is intended to demonstrate that the current Brazilian stateless protection regime is still insufficient to establish the status of statelessness, but the Brazilian legislation under construction has demonstrated an indisputable effort of modernization, in relation to the treatment of the situation of the foreigners, especially the stateless person.

MEMBROS DA BANCA:
Externo à Instituição - FLÁVIA SOUSA DANTAS PINTO - ESMARN
Presidente - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Interno - 1657901 - YARA MARIA PEREIRA GURGEL