THE INEFFICIENCY OF THE APPLICATION OF THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE PROTECTION OF VENEZUELAN REFUGEES IN BRAZIL

• DOI: 10.22533/at.ed.216392328044

• Palavras-chave: Venezuela. Refugees. American Convention on Human Rights.

• Keywords: Venezuela. Refugees. American Convention on Human Rights.

• Abstract:

  Venezuela faces a humanitarian crisis that has resulted in the exodus of more than four million people. The reception of thousands of Venezuelans by Brazil allowed the formulation of questions that justified the development of the research, among them, how to guarantee access to the human rights of these individuals through the application of international human rights treaties and internal national legislation. The objective was to examine the crisis in Venezuela and its consequences in Brazil; assess national precedents regarding the incorporation of international human rights treaties; list which rights of established Venezuelans are being disrespected and verify the actions taken by Brazil to ensure the human rights of these refugees. A search was carried out for statistical data and news related to the situation faced by Venezuelans, Brazilian public policies aimed at welcoming these individuals, in addition to a search in doctrines and legislation. It was found that despite the existence of a series of positive norms regarding the protection of the human rights of immigrants and refugees, in practice, these rights are not fully implemented in the protection of Venezuelan refugees in the national territory. The legal-political impact of national and international legislation on the protection of Venezuelan refugees in Brazil is still very small. It was observed that in order to guarantee the effectiveness of the application of the American Convention on Human Rights and of the internal legislation in the protection of Venezuelans in Brazil, the State must prevent, investigate and punish any violation of the rights recognized by the Convention, seek the reestablishment of the right violated and the repair of the damage caused. Both the legal provisions of the constitutional text and the Convention must be applied, so that the rule that best protects the rights of individuals is employed. An interdisciplinary state public policy must be implemented in order to guarantee assistance to refugees, capable of helping them to restart their lives with dignity.