Uma nova abordagem do refugiado: a necessidade de readequação da lei 9.474/97 face ao caso da entrada de Haitianos em território brasileiro entre 2010 e 2012

Abstract

It is presented the historic events which lead to haitian refugees arriving in brazilian territory from 2010 until 2012. The brazilian government attitude is questioned through the enactment of the Normative Resolution n. 97 of January 2012, as it is deemed to be a contradictory one. For that task, normative resolutions from the National Committee for Refugees and from the National Council for Immigration were used, as well as international, regional and local legislation in terms of refugees. In the end, the conception of a plural society with the acceptance of refugees is taken into account. Apart from that, a new approach towards the refugee is underpinned, by means of catering for the latter not as a problem which claims for a solution, but as a mandatory result of the same violence which has casted the State-nation as the subject of international law par excellence. Therefore, the State-nation’s softening is crucial (The State-nation has its origins in 1648 with the Peace of Westphalia).