O direito internacional dos refugiados e a política de hard power da União Europeia frente ao acordo UE-Turquia

Abstract

Of extreme international relevance, armed conflicts and human rights violations are increasingly present and without any prospect of an end or decrease, which leads, every year, thousands of people to travel across the globe in search of greater security. and condition of a dignified life. But it was from 2015 that such a debate effectively came to the center of the agenda of the international community, in the face of the refugee crisis that has been affecting the entire European Union (EU), mainly due to the war conflicts that occurred in Syrian territory. Themes involving the reception and maintenance of refugees led to painful debates within the European bloc, especially with regard to the compromise of the economy and the overload of the local social system - Arguments used by the Member States as a justification for the use of the so- called hard power policy, mainly in its economic aspect, as a way to contain this flow. It is from this perspective that this study develops and leads to reflection: What contributed to the creation of the EU-Turkey agreement? Thus, the objective is to analyze whether the EU used the economic hard power policy for the constitution of the EU-Turkey Agreement and whether it can be considered as a kind of trick to curb the flow of refugees and restrict their rights. Subdivided into three chapters, the present study starts from the historical analysis and the construction of the refuge's legal institute, its reflexes and consequences, according to the world panorama, in order to subsequently present its application to International Law, permeating the principles and policies adopted around the world. In a third step, the involvement of the European bloc in policies aimed at refugees is outlined, demonstrating the inconsistencies existing between the text of the law and the effective application of the law, as well as the development of the Syrian refugee crisis in Europe and the reaction of the block to it, with a detailed description of the EU-Turkey Agreement. Still, the concept of first asylum country and third safe country is addressed, analyzing the issues involving the temporary protection regime presented in the agreement together with the theme of violation of the principle of non-refoulement and its application in protection policies or restriction to the Syrian refugee. Finally, it addresses the influence of the EU's hard power policy on the agreement signed with Turkey. The conclusion suggests that there was a decrease in flow to the Member States after the declaration was signed, which was based on strong evidence of affront to the DIR and, consequently, a decrease in the basic human rights that should be guaranteed to refugees. It is understood that it is necessary to deepen the debate in the international community that must implement solid solutions to the problem.