O sistema de proteção internacional aos indivíduos apátridas e a atuação do estado brasileiro

Abstract

In the post-war period, and under the impact of all the atrocities that occurred during this time, the international community began to discuss the need for a new legal order, since juridical positivism was not meeting the needs of society, in relation to the protection of individuals. And it was with the advent of the Universal Declaration of Human Rights, in 1948, that several rights to individuals were defined, among them the right to a legal link with a State, the right to nationality. In face of the absence of this formal bond of nationality, we have the phenomenon of statelessness, which marked the history of the twentieth century and profoundly undermined the structures of international law. In response to the problem, and due to the large number of individuals in this situation, the international community adopted the 1954 Convention and the 1961 Convention for the purpose of identifying, protecting and preventing cases of statelessness. Although there has been an important evolution in a sense of solving and avoiding this problem, it is still a reality today that brings consequences. In this context, the issue will be addressed in order to analyze the questions involving stateless people, since lacking a nationality implies, precisely, not existing as a person within the international community. This work approaches the subject from an international perspective with the objective of identifying the causes of this phenomenon and analyzing the normative documents and the measures that have been adopted, both at the national and international levels for the protection of the individuals who are in this situation, because as long as this condition is a reality among us, the protection of these individuals is necessary. The study seeks to demonstrate the importance of nationality for the human being, highlighting the parameters brought by international law on nationality and statelessness. Knowing that the most effective way to protect stateless people is essentially through the adoption of legislation which makes it impossible to create statelessness. Therefore, the State's management on the issues that involve the attribution of nationality is of extreme importance. However, it is intended to demonstrate that the current Brazilian stateless protection regime is still insufficient to establish the status of statelessness, but the Brazilian legislation under construction has been demonstrating an unquestionable effort to modernize, in relation to the treatment of the situation of foreigners, especially stateless ones.