A proteção dos apátridas e as políticas de redução da apatridia no Brasil

Abstract

The non-observance of international instruments concerning the prevention and eradication of statelessness on the part of sovereign states has represented the matrix of the formation of a world community of stateless people, which has increased considerably in the years, comprising, today, more than twelve million individuals. Brazil, however, was considered by the United Nations as an example of a State that takes seriously the search for solving the problem, in 2011. In view of this, the present work aims to investigate, through a qualitative research, based on the method hypothetical-deductive, based on bibliographic and documentary consultation, if Brazil, today, can still be considered a prominent country in the prevention and remediation of the phenomenon of statelessness and to analyze which factors gave the Brazilian State such a leading role. To this end, in addition to promoting extensive research on international instruments for the protection of stateless people rights, a study analyzed how the international human rights protection systems to which Brazil is linked have been working, as well as the causes and consequences of the phenomenon, as a measure of verification of the roots and possible solutions of the problem. In the end, the role of the Brazilian State in the legislative edition and in guaranteeing the rights of stateless people within its jurisdiction was explored, with the conclusion of specific cases that can serve as a basis for verifying the effectiveness of its policies for recognizing statelessness and concession of nationality, especially that of the sisters Maha and Souad Mamo, the first stateless people to enjoy the prerogatives brought by the Migration Law, 2017.