O Deslocamento forçado dos venezuelanos e as respostas do Brasil quanto à regularização do status migratório

Abstract

In recent years, Venezuela is going through an intense and relevant political, economic and social crisis. The worsening of the situation has caused, as a consequence, a significant increase in the displacement of people: approximately 4.7 million Venezuelans have already left the country. The scope of the present crisis in Venezuela is an international humanitarian problem, and has impacted other States. Reflections of this migration are also felt in Brazil. From this, resuts the need to describe the different responses adoped by Brazil in order to regularize the migratory status of Venezuelans in the country. Such effort needs to be carried out from the point of view of protection, therefore based on International Human Rights Law and International Refugee Law. In the case of Venezuelans, there are some possibilities for a regular stay in Brazil in the realm of the existing legal order: 1) humanitarian visas, 2) temporary residence agreement for nationals of MERCOSUR member States and associate countries, 3) residence for nationals of border countries, and 4) refuge. Brazil also adopted specific new norms for the situation, with Resolution 126 (of 2017) and Interministerial Ordinance 9 (of 2018), followed by Interministerial Ordinances 15 and 2 (of 2018 and 2019, respectively). More recently Brazil started to actually apply refugee status to Venezuelans due to gross and generalized violations of human rights. This dissertation aims to describe these legal hypotheses of migratory status, with a view to contributing to ensuring the greatest possible protection for these persons.