Refúgio, hostilidade e hospitalidade: um diálogo entre o direito cosmopolita kantiano e a convenção relativa ao estatuto do refugiado de 1951

Abstract

Listen

Translate article

This essay analyzes the hospitality-hostility dichotomy in International Refugee Law in light of Kantian philosophy. It argues that the 1951 Convention, while establishing hospitality as a principle, is often undermined by hostile State practices that prioritize national sovereignty. Through Kantian principles of hospitality and cosmopolitanism, the essay criticizes the reduction of the Convention's normative force, emphasizing the need to revive Kantian ideals to effectively protect and welcome refugees. It concludes that the Convention, despite being based on humanitarian principles, requires reformulation to address contemporary challenges and ensure the dignity and rights of refugees.