Brazilian Journal of International Law
Volume 14, Issue 2, 2017, Pages 237-252

The treatment of stateless persons in the new law of migration: Between progress and retrocession [O tratamento do apátrida na nova lei de migração: Entre avanços e retrocessos] (Review) (Open Access)

Bichara J.-P.*
  • a Universidade Federal de Pernambuco, Brazil

Abstract

The new Brazilian Law of Migration, no 13.445, of may 24 of 2017, presents innovations relating to the treatment of stateless persons within Brazilian soil, in a way to align the national standards with the relevant international conventions currently in effect in national law. This study indicates that the obligations undertaken by Brazil in the international scenario with relation to stateless persons must be implemented by the public administration through legal adaptations. However, by analyzing the contributions brought by the new legislation, it can be observed that there are still some gaps concerning which would be the competent organ to respond to statelessness demands and requests for naturalization filed by stateless persons. On the other hand, one can notice that the Law n 9.474/97, known as Refugee Law, also harbors its own gaps regarding to the issue. In conclusion, it is possible to detect the permanent inadequation of the national law as to the international obligations assumed by the Brazilian state with respect to stateless persons, and the subsequent need of cons-Tant improvement. Notwithstanding the remarkable advances of the new Law of Migration, it is understood that a reform of the Refugee Law would be the most appropriate course of action, in order to broaden the competencies of the National Committee for Refugees (CONARE) so as to encompass the rights of the stateless persons as well. © 2017 Centro Universitario de Brasilia. All rights reserved.

Author Keywords

Conare Law of migration Stateless persons International law

Index Keywords

[No Keywords available]

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85046552993&doi=10.5102%2frdi.v14i2.4619&partnerID=40&md5=991e03517f11d444bdaef4cc3c666241

DOI: 10.5102/rdi.v14i2.4619
ISSN: 22371036
Cited by: 1
Original Language: Portuguese