Princ??pio do nonrefoulement e a crise contempor??nea de refugiados

• Autor(a) principal: Oliveira, Henrique Gentil
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UCB
• Texto Completo: https://bdtd.ucb.br:8443/jspui/handle/tede/2321
• topic: Direito internacional; Crise humanit??ria; Direitos humanos; Refugiados; Jus cogens; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The global refugees crisis that settled in the 21st century brought a daunting scenario, whose solution, beyond politics, inter-state relations and the economy, necessarily goes through international human rights law. The focus of this dissertation is to contrast the critical scenario with the protection that the law sets on behalf of the refugees, the interpretation of it's values and the prospects that the correct application of the treaties can form an instrument to increase the lives of the displaced. There will be a brief historical analysis of the events relevant to the construction of the refuge institute and a critical analysis of the terminological definition brought by the 1951 Convention About the Refugees Status, concluding by it's insufficiency in the context of the 21st century and by the need for a re-reading that modernizes it's values. There is also space devoted to the principle of nonrefoulement, through it's historical construction, enforcement and it's jus cogens status. The paper will also focus on the new faces of migration and the details of the humanitarian crisis of the beginning of the 21st century, as well as the economic analysis of the reception of refugees by European states and the inviability of invocation of economic and political arguments for the return of refugees to places where their core rights may be at risk.