A responsabilidade internacional dos Estados quanto ao direito ao refúgio na jurisprudência das Cortes Internacionais de Direitos Humanos

Abstract

In view of the permanent global trend towards an increase in the number of forcibly displaced people, mainly refugees, this thesis consists of a study on the origins, limits and scope of the international responsibility of States, in relation to the protection of refugee rights. Therefore, the methodology used was the empirical study, through the analysis of the main cases judged by the international human rights courts, as well as the doctrinal, legislative and conventional study on the right to refuge. In addition, the deductive method was used, as it starts from the analysis of the process of historical construction of the International Refugee Law, passing through the international systems for the protection of human rights and the general theory of international responsibility of States in relation to refugees, until reaching the case study, with a view to verifying the scope of accountability. This thesis is justified by the pressing need to assess the responsibility of States in relation to the protection of the human rights of refugees, within the scope of the International Courts of Human Rights. In the end, it was concluded that, based on the notion that States are primarily responsible for guaranteeing the right to refuge and for the protection of people in situations of forced displacement, based on the ratification of international human rights treaties, and, despite all the structure built over the centuries, there is a lack of effectiveness in the international protection systems