Alteridade em levinas e nações efetivamente unidas na consecução do dever fundamental de proteção aos refugiados

• Ano de defesa: 2024
• Autor(a) principal: Guedes, João Bernardo Antunes de Azevedo
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Faculdade de Direito de Vitoria; Brasil; Departamento 2; PPG1; FDV
• Palavras-chave em Português: Deslocamento forçado; Refugiados; Nações unidas; Migração; Ética da alteridade; Dever fundamental; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://191.252.194.60:8080/handle/fdv/1844

This thesis aims to analyze the serious problem of forced displacement, also understood as one of the biggest humanitarian crises in the whole world, and to present a proposal for a new migratory governance Agenda to face it. It will be observed that the phenomenon of migratory displacement is not recent, after all, history shows that since the beginning of humanity, it already existed. One of the major global challenges of 21st century is related to this subject. The migration crisis worsened after the Second World War, with thousands of families and homes devastated and people displaced. Hence, several States decided that they needed to unite themselves to achieve peace with solidarity, enabling those displaced by the war to seek a new place to live, after the disastrous period of war. The Universal Declaration of Human Rights was then created in 1948; as well as the Refugee Statute, in 1951, which gained a protocol addition in 1967. Nevertheless, in the subsequent decades, the expected peace was not reached and the number of refugees highly increased. Despite the fact fundamental rights of refugees were provided for international rules, they were not fully implemented. Instead of bridges, walls were built and in many cases, the expected solidarity provided for in the treaties, was unnoticed towards acts of exclusion and xenophobia. In 2024, in accordance with UNHCR Global Trends report, more than 120 million people around the world were found to be in a situation of refugee. These people are forced to leave their homes, families, documents, memories, work and friends forcibly and abruptly, whether due to persecution, violations of human rights, religious issues, sexual orientation, or even due to climate disasters in the search for a home. Therefore, the research raises the following question: a new migratory governance Agenda based on ethics of alterity of Emanuel Levinas with application of a humanitarian, universal and balanced reception system among the nations that are engaged on this cause, with the aim to guarantee the rights of refugees, could it be a solution to the crisis? To develop the thesis, a bibliographical research technique will be applied, together with the study of Brazilian legislation, international law and collection of official data related to the subject. Thus, with the support of the phenomenological method, the answer to the question raised will be sought by unveiling the entity. The referred hypothesis is positive when we consider the joint effort of effective United Nations, acting towards this purpose and honoring what they have signed and agreed since 1945 with the Charter of San Francisco