Entre fronteiras abandonadas e o acolhimento: critérios utilizados pelo Conare para reconhecimento da situação de grave e generalizada violação de direitos humanos.

Abstract

This dissertation investigates the criteria employed by the National Committee for Refugees (Conare) to determine the existence of situations of gross and massive human rights violations for the purpose of recognizing refugee status, pursuant to item III of article 1 of Law No. 9474/97. This analysis is based on a qualitative examination of Technical Notes Nos. 03/2019, 03/2020, 19/2020, 26/2020, 01/2021, and 02/2021, through which Conare acknowledged such violations in Venezuela, Afghanistan, Syria, Iraq, the Republic of Mali, and Burkina Faso. This inquiry arises because the law lacks minimal elements concerning the criteria for inclusion within the extended concept of refugee that it establishes. According to data from the Refúgio em Números reports by OBMigra, over the past decade, the rationale most frequently utilized by Conare has been the recognition of situations involving gross and massive human rights violations. Considering the absence of legal delineation regarding the content of this expression, the research problem aims to comprehend and elucidate the criteria utilized by Conare for recognizing refugee status based on the expanded concept adopted by Brazil. To this end, the research is structured into three phases, corresponding to specific objectives and chapters. Initially, the classical concept of a refugee is examined considering the 1951 Convention; followed by the expanded concepts established by the Organization of African Unity and the 1984 Cartagena Declaration; and finally, Brazil's incorporation of the expanded concept through Law No. 9474/1997. Subsequently, the analytical technique employed by Conare in processing asylum applications is explicated. Lastly, a qualitative analysis of the technical notes is conducted to identify and highlight the criteria used by the agency for recognizing refugee status based on the extended concept. The methodology employed consists of a basic literature review and documentary analysis, aiming, through qualitative analysis, to apply a verification procedure for elements that may evidence Conare's stance in filling the gap concerning the legal definition. In conclusion, it is established that Conare examines the criteria outlined in the Cartagena Declaration (generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order) to determine the existence of gross and massive human rights violations. However, this recognition does not require the presence of all the evaluated criteria. Additionally, it is concluded that there is no specific regulation guiding the circumstances under which the agency should conduct such an examination to permit prima facie recognition of refugee status or to conduct studies on the country of origin. This lack of regulation may contribute to the political or instrumental use of the institution, and a lack of transparency is observed regarding the selection criteria for grouped assessments of refugee applications. Finally, this study aims to contribute to the implementation of SDG 16 of the 2030 Agenda within Brazilian refugee policy.