Abstract
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.
Highlights
INTRODUÇÃOWe have seen in Latin America and especially in Brazil some of the most important developments in refugee law in the last several decades, especially regarding the definition of
AND DEFINITIONS OF INTERNATIONAL REFUGEE LAWRefugee law was a creation of European political culture, first designed after World War II by European countries in order to protect refugees from Europe (HATHAWAY, 2010, p.70)
There were, incentives for people to move to some countries which were in need of an enhanced labor force. This view had partially changed by the beginning of the twentieth century (HATHAWAY, 2010, p.71), when the international refugee framework was created between two opposing ideas: the principle of sovereignty and self-preservation see, e.g., GOODWIN-GILL, LAMBERT (2010, pp. 26, 36, 38, 39, 43-47, 51 and 72) and HATHAWAY (2005, pp. 7, 61 and112)
Summary
We have seen in Latin America and especially in Brazil some of the most important developments in refugee law in the last several decades, especially regarding the definition of. The classical definition, provided by the 1951 Convention, adopts five grounds for granting asylum to an individual who has a well founded fear of persecution on the basis of his/her race, nationality, religion, membership in a particular social group, or political opinion. In spite of the fact that Brazil has adopted a more generous definition of refugee in its domestic law, the eligibility process still prioritizes the classical definition provided by the 1951 Convention for granting refugee status, justifying the concession on the well-founded fear of persecution for race, nationality, religion, political opinion or membership in a group. Part 3 will analyze the definitions provided by the Brazilian Refugee Statute and complementary protection systems of humanitarian visas in order to examine the practices Brazil is applying to new influxes of forced migrants such as Haitians, and the eligibility mechanisms adopted by national law and regulations
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
