Veredas do Direito
Volume 14, Issue 28, 2017, Pages 93-126

Human dignity, homeland security and the enviromental refugees on the law 9.474/1997 [Dignidade humana, segurança nacional e os refugiados ambientais na lei n. 9.474/1997] (Review) (Open Access)

De Amorim F.S.T. , De Barros H.M.E.
  • a Pontifícia Universidade Católica do Rio de Janeiro (PUC-Rio), Université de Montreal, Canada
  • b Centro Universitário CESMAC, Canada

Abstract

The present work aims to study the Fundamental Rights granted to refugees in Brazil, analyzing Law 9.474/1997 (Brazilian Refugee Law) and its mechanisms towards to the harmony between the human dignity and national security principles, as well as the issue of environmental refugees in the Brazilian law system. The purpose of this article is to demonstrate the lack of harmony between both principles in the Refugee Law, as well as the difficulties and challenges caused by this unbalance on the regulation of rights inherent to refugees by Law 9.474/1997 in the current context of crises, wars and natural disasters. In order to reach the settled purpose theoretical research is used based on bibliographical, jurisprudential and doctrinal surveys considering the modern outlines attached to the fundamental rights granted to refugees. Therefore, to assure greater efficiency and effectiveness of the law considering the principles and rules which rules the domestic legal system, as well as changes that have taken place in the domestic and international scenario, a clear need for a revision regarding the regulation of rights inherent to refugees in Brazil is presented.

Author Keywords

Environmental refugees fundamental rights Homeland security refugee law Human dignity

Index Keywords

[No Keywords available]

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85040167289&doi=10.18623%2frvd.v14i28.914&partnerID=40&md5=f1f39037c9bab786db0034c747860d5d

DOI: 10.18623/rvd.v14i28.914
ISSN: 18063845
Cited by: 1
Original Language: English; Portuguese