HUMAN DIGNITY, HOMELAND SECURITY AND THE ENVIROMENTAL REFUGEES ON THE LAW 9.474/1997

Abstract

The present work aims to study the Fundamental Rights granted to refu[1]gees in Brazil, analyzing Law 9.474/1997 (Brazilian Refugee Law) and its mechanisms towards to the harmony between the human dignity and national security principles, as well as the issue of environmental refugees in the Brazilian law system. The purpose of this article is to demonstrate the lack of harmony between both principles in the Refugee Law, as well as the difficulties and challenges caused by this unbalance on the regula[1]tion of rights inherent to refugees by Law 9.474/1997 in the current context of crises, wars and natural disasters. In order to reach the settled purpose theoretical research is used based on bibliographical, jurisprudential and doctrinal surveys considering the modern outlines attached to the funda[1]mental rights granted to refugees. Therefore, to assure greater efficiency and effectiveness of the law considering the principles and rules which rules the domestic legal system, as well as changes that have taken place in the domestic and international scenario, a clear need for a revision regard[1]ing the regulation of rights inherent to refugees in Brazil is presented.