A proteção dos refugiados venezuelanos no Brasil: as operações "Acolhida" e "Controle" à luz da ação cível originária Nº 3121/RR de 2018

Protection of Venezuelan refugees in Brazil: operations “Acolhida” e “Controle” considering the Original Civil Action N. 3121/RR of 2018

Resumo

Since 2017, thousands of people have left Venezuela in search of shelter and social assistance in other states. The humanitarian crisis unleashed in the Venezuelan State resulted in an increase in the flow of migrants to several countries, including Brazil. Due to the increase in requests for refuge, the state of Rondônia filed the records of the Original Civil Action number 3121/RR of 2018. Therefore, the objective is to analyze the Public Policy adopted by Brazil with regard to Venezuelan refugees, with emphasis on the operations "Reception" and "Control", in the light of the decision by the Federal Supreme Court in the case file. With this, the investigation addresses important aspects of refugee rights before the international community and the Brazilian legal system. For that, a qualitative technique and critical analysis of international treaties and national norms are used the Convention Relative to the Status of Refugees, of 1951, the Federal Constitution of 1988, and Law number 9.474/1997. The main conclusion obtained is that the measure claimed by the state of Roraima confuses the concepts of internal sovereignty with external sovereignty, in addition to not being a balanced proportion between the rights of refugees and the supposed burden borne by the state of Roraima, in view of the coordinated action carried out by the Federal Government Consequently, the Federal Supreme Court acted correctly in denying the closure of borders for Venezuelans.