Refugiados venezuelanos e a pandemia da covid-19: uma análise das (ir)regularidades das medidas de restrição adotadas pelo Brasil

Abstract

This research addresses the context of Venezuelan refugees faced with their regularities of the measures adopted in the context of the Covid-19 pandemic by the Brazilian State, under the justification of containing the spread of the virus. The objective of the research is to analyze the consequences of these inconsistencies present in the restrictive measures of the policy to combat the pandemic, to the detriment of Venezuelan migrants and refugees and their rights. This research examines the legal bases, as well as the principles that underlie human rights, international refugee law, aspects of jus cogens norms, in addition to the motivations for border closure measures adopted in the name of public health. Furthermore, it seeks to understand the challenges faced by refugees amid the irregularities contained in the restrictions, including the possibility of worsening human rights violations suffered by them. The investigation uses theoretical exploratory research and the deductive method, as well as, for sampling purposes, it uses a case study based on the situation of Venezuelans in Brazil, specifically in the cities of Boa Vista and Pacaraima, located in the state of Roraima. The study aims to contribute to the academic, legal and social debate on the irregularities contained in the measures adopted to contain the virus, mainly the closureofbordersandthe penalties of immediate deportation and disqualification of the asylum request, in addition to discussing the reconciliation of rights human rights, the search for protection and the guarantee of some jus cogens standards related to people, with legitimate public health concerns, especially in times of global health crisis. The results of this research may be relevant for public policy makers and other professionals, in the development of proportional and efficient approaches to face the challenges faced by refugees in global health crises, in order to preserve human rights and the commitments assumed by Brazil in regarding their protection.