A apatridia e o direito à nacionalidade: o dever estatal de reconhecer e integrar os apátridas em sociedade

Abstract

Hannah Arendt once said that not having roots meant not having in the world a recognized place and not belonging to it, in short, to be superfluous. The stateless, as a redundant being in essence, finds itself constantly prone to isolation and loneliness, for is not protected, in the foreground, by the judicial framework assigned to all nationals by the right to nationality, condition to the fruition of several rights. Highlighting this idea, the problematic that will guide our work is presented: why should the State recognize statelessness and enable the naturalization of those that suffer because of this condition? Starting from this question, initially we will determine the elements of the state and what constitutes nationality, as an eminently legal concept, so that we can justify the State duty to promote integration and the acknowledgment of the heimatlosen, mostly through the capabilities approach theory. Understanding these points, we will delve deeper into what constitutes the stateless phenomena and we will comprehend, as well, what the international legal system and our domestics laws have to say pertaining the subject. We will follow with an analysis of what causes said phenomena and what are the consequences of it so that we can, finally, find out the answer to the main point of this thesis. The State has the duty to promote the recognition of the statelessness phenomena and enable naturalization, because the right to nationality is a requirement to the materialization of rights and guarantees – taking into consideration the capabilities approach – that make possible to the members of society to self-determine themselves, estipulate their own personal ends so that they can reach a dignified and a good life to live.