Banca de DEFESA: JOAO LUIS MACEDO SILVA CARDOSO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : JOAO LUIS MACEDO SILVA CARDOSO
DATE: 15/06/2023
TIME: 14:00
LOCAL: Ambiente virtual
TITLE:

THE HUMAN RIGHTS OF VENEZUELAN MIGRANTS AND THEIR ENFORCEMENT BY THE BRAZILIAN FEDERAL JUSTICE IN THE CONTEXT OF THE COVID-19 PANDEMIC

 

KEY WORDS:

Venezuelan diaspora; socioeconomic vulnerability; human rights of migrants; Federal Justice.

PAGES: 452
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Venezuela has been facing a severe political and economic crisis in recent years. Although the origins of this crisis date back to the time in which the country was ruled by Hugo Chávez, it has worsened since 2015, as the opposition got the majority of votes in the election for the National Assembly. In this context, the escalation of violence in the political arena, the weakening of institutions, and the impoverishment of the population have resulted in an unprecedented migration flow. The Venezuelan diaspora has a regional character, for most of the people involved in it have gone to other Latin American states, such as Colombia, Peru, Ecuador, Chile, and Brazil. Many of the Venezuelans who have migrated to Brazil are in a situation of socioeconomic vulnerability. Such a vulnerability has been aggravated in the wake of the outbreak of the COVID-19 pandemic. Several lawsuits have been filed with the purpose of safeguarding their rights in this scenario. Inasmuch as they are related to the interests of the Union, many of these lawsuits have been adjudicated by the organs which belong to the Federal Justice of Brazil. That said, this dissertation sets out to answer the following question: has the Federal Justice guaranteed the protection of the human rights of these migrants by applying the national and international norms which are pertinent to this topic? The underlying hypothesis is that this branch of the Judicial Power has contributed to the protection of this group through the correct interpretation of these norms and their application to the facts narrated in each lawsuit. In this vein, this dissertation aims to investigate how federal judges and Federal Regional Courts have judged the lawsuits concerning the enforcement of the rights of these migrants. To this end, it is imperative to achieve the following specific objectives: contextualising the Venezuelan mass migration by indicating its roots, its dimension, and its impact in the states of destination, especially Brazil; presenting the main treaties and declarations that regulate this topic internationally; examining how the Brazilian legislation governs the status of these individuals; and at last, scrutinising the way the members of the Federal Justice have applied this normative framework to the aforementioned lawsuits. This study has an applied nature and a qualitative approach. The procedural techniques adopted were the review of literature and the content analysis of judicial decisions, international instruments, and domestic legal documents. The pursuance of this research is justified by the fact that it addresses a current topic and is related to the protection of people in a situation of vulnerability. Through this scientific inquiry, it was noticed that the Brazilian Federal Justice has indeed played an important role with regard to the defence of the rights of such migrants, although it has been constrained by procedural rules.

COMMITTEE MEMBERS:
Externo à Instituição - LUÍS RENATO VEDOVATO - UNICAMP
Interno - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Externa à Instituição - TATIANA DE ALMEIDA FREITAS RODRIGUES CARDOSO SQUEFF - UFU
Presidente - 2527208 - THIAGO OLIVEIRA MOREIRA