Banca de DEFESA: FERNANDA MONTEIRO CAVALCANTI

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : FERNANDA MONTEIRO CAVALCANTI
DATE: 26/11/2020
TIME: 14:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

A PROPOSAL FOR A REDIMENSION OF INTERNATIONALHUMANITARIAN LAW IN THE SERVICE OF THE PROTECTION OF MIGRANTS

KEY WORDS:

International Humanitarian Law. Humanitarian reception.

PAGES: 145
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

International Humanitarian Law, according to the classical legal doctrine, is understood as the "Law of War", being configured as the branch of law that stipulates rules regarding the provenance of the conduct of States in the face of a war conflict. However, in accordance with contemporary international law, norms of a humanitarian nature are understood today as the branch of law that provides due assistance not only to the war wounded, but to everyone who is in a situation of vulnerability within international society, victims of predetermined violence. Therefore, it is observed that the modern day migratory phenomenon is configured today as one of the situations that most generates individuals who have suffered some type of predetermined violence within the international scenario, considering that the gradual growth of the referred phenomenon causes, from likewise, an increase in the number of migrants in situations of extreme need. Thus, today International Humanitarian Law has adapted to the demands of international society, and is present in the laws of the States, as in the case of Brazil, in the Migration Law of 2017 and in the Federal Constitution of 1988. However, despite the nature norms humanitarian law are present in State legislation, it is understood that there is a contemporary need for legal change. Despite what has been said about national legislation, there is a failure to meet demands on the part of international humanitarian law at the domestic level, with regard to the growing migratory phenomenon, which generates individuals in situations of victims of predetermined violence. Therefore, in view of the growing number of migrants in States around the world, there is a need to observe and study international humanitarian law, in defense of its application as a customary humanitarian law, which seeks to strengthen the reception of migrants as a norm of jus cogens and that elects migrants as one of the subjects doctrinally protected by international humanitarian law.

BANKING MEMBERS:
Externa à Instituição - ALESSANDRA CORREIA LIMA MACÊDO FRANÇA - UFPB
Presidente - 1570072 - JAHYR PHILIPPE BICHARA
Interna - 1657901 - YARA MARIA PEREIRA GURGEL