Condição do refugiado: abordagem sociológica sob o prisma dos direitos humanos e fundamentais

Abstract

This paper aims to explain the occurrence of coloniality and capitalist and patriarchal practices, based on the alternative epistemology of Boaventura de Sousa Santos, and the preliminary questioning of the conditions of refugee protection in Brazil. In the current context, refugees are invariably perceived as masses of "unwanted bodies" and, most of the time, deprived of their human and fundamental rights, according to the effects of coloniality, capitalism and patriarchy. They are men and women, individuals and collectivities, neglected by the utilitarian logic of the global economic model, and who, for this very reason, no longer find protection in their ethnic, religious, and political differences. In this sense, the research takes as a variable the alternative epistemology, based, on one hand, on a "homeomorphic dialogue" and its intercultural nature, and, on the other hand, on the construction of a "new institutionality", capable of articulating some kind of "social" and "institutional" innovation. In this unfolding, it is necessary to welcome the overcoming of the so-called juridical "epistemological obstacles", critically evaluating the use of law and its distributive instrumentality, as Michel Mialle wants. It is with this objective that we intend to describe the system of international and domestic refugee protection, its normative and institutional characteristics, verifying the quality of the national sovereign argument, which, in recent years, has preferred to distance itself from the fulfillment of international humanitarian norms, putting into practice a selective foreign policy and a law that is not committed to universal guarantees of protection, as statistical data make clear. Internally, we can see that practices ranging from xenophobic narratives to exclusionary nationalist discourses are in vogue. There is also legal manipulation by the Brazilian government in order to restrict the reception of refugees in general, and especially Venezuelan refugees.