A concretização dos direitos humanos dos migrantes haitianos pela jurisdição brasileira

Abstract

Haiti is historically marked by successive social crises, military invasions, coups d’etat and, more recently, environmental disasters, on account of this, the country is immersed in a complex social chaos. In this context, migration has always been a mean used by Haitians to escape this political, economic and social crisis installed in their country of origin. After the 2010 earthquake, the Haitian migratory flow started to have Brazil as one of the main destinations. So, the question arises: how has the Brazilian judiciary been acting so that the protection of the human rights of Haitian migrants is implemented? It starts from the hypothesis that there are State actions with the objective of protecting these people in a situation of social mobility, however, the non-recognition of the condition of refugees, added to the prejudices inherent to society, and plus to the fact that the protection was not sufficient for the full preservation of such guarantees. To answer this question, this study based through documental, bibliographical and jurisprudential analysis will explain the historical causes of Haitian migration and its impact on Brazil, in addition to examining the main international and state protection norms aimed at protecting individuals in social mobility, and, finally, analyzing the way that the Brazilian courts have been acting to materialize or not the human rights of these Haitians. Finally, it is hoped that the reflections and criticisms contained in this study can contribute to the Brazilian State being able to improve its performance for the defense of the human rights of Haitian migrants in Brazil.