New trends in migratory and refugee law in Brazil: the expanded refugee definition

Autores

  • Catherine Jane Tinker Seton Hall University
  • Laura Madrid Sartoretto UNIVERSIDADE FEDERAL DO RIO GRANDE DO SUL

DOI:

https://doi.org/10.17058/rdunisc.v3i50.8277

Palavras-chave:

refugee, migration, Brazil, complementary protection, human rights law

Resumo

This paper aims to explore new trends in Brazilian refugee and migratory law in the last 20 years. In doing so it addresses the evolution of the definition of “refugee” in Brazil, expanding the eligibility grounds provided by the 1951 Geneva Convention on the Status of Refugees (1951 Convention). Reviewing international and regional refugee law, the article analyzes the broader understanding of the notion of "refuge" and its complexity expressed in regional and national legal frameworks, taking account of lawyers, scholars and activists who criticize the narrow scope of the classical refugee definition from 1951 which has become distant from current refugee voices and struggles. At the domestic level, although the 1980 Aliens Statute (Act. n. 6815/80) is still in effect, there have been important changes in refugee law in Brazil since the implementation of the 1997 Refugee Statute (Act n. 9.474/97), influenced by the 1984 Cartagena Declaration (a regional soft law instrument) regarding the definition of “refugee”, Exploring the interconnection of the Refugee Statute and complementary forms of human rights protection which fall outside the scope of international refugee law, the article concludes that in the specific case of Haitians in Brazil, the broader protections of Brazilian refugee law should be available rather than the complementary system of humanitarian visas.

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Biografia do Autor

Catherine Jane Tinker, Seton Hall University

New York University School of Law, J.S.D., doctorate In international law. Dr. Tinker teaches international law at Seton Hall University in New Jersey, USA (http://www.shu.edu/un-global-governance-studies/people.cfm), and has also taught at UFRGS Faculdade do Direito, PPGD in Porto Alegre, Brasil. She has chaired the European Affairs Committee of the New York City Bar Association for three years. Dr. Tinker was invited to the UN General Assembly Summit on Migrants and Refugees on Sept. 19, 2016 as President of the Tinker Institute on International Law and Organizations, an NGO accredited to ECOSOC. Her latest article is: "Saving Lives and Building Society: The European Migration Agenda," 22 ILSA Journal of International and Comparative Law 193-414 (Winter 2016), ISSN 1082-944X.

Laura Madrid Sartoretto, UNIVERSIDADE FEDERAL DO RIO GRANDE DO SUL

PhH candidate in Laws at Universidade Federal do Rio Grande do Sul, Master in Laws at Direito pela Universidade Federal do Rio Grande do Sul, e Master in Public Internacional Law at University College London - UCL. Lawyer at the Migrants and Refugees Advisory Group (GAIRE) at UFRGS, professor of Laws at Faculdade Porto Alegrense and AUDIPLO.

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Publicado

2016-09-05

Como Citar

Tinker, C. J., & Sartoretto, L. M. (2016). New trends in migratory and refugee law in Brazil: the expanded refugee definition. Revista Do Direito, (50), 118-138. https://doi.org/10.17058/rdunisc.v3i50.8277

Edição

Seção

Migrações Internacionais e Direitos Humanos