Apatridia no Brasil: a evolução do ordenamento jurídico nacional no tratamento dos apátridas

Abstract

This study analyzes the treatment deferred by Brazilian law to stateless persons, assuming the fundamental character given to nationality, widely protected in international and national legislation and discussing how statelessness is manifested. It seeks to demonstrate how the international context had and has influenced the Brazilian legislature, in the acceptance of international obligations, among others, which are ducts that have elevated Brazil to be considered one of the leading countries in the engagement against statelessness. At the internal ambit, it intends to expound the constitutional legislation and its modifications since the promulgation of the Federal Constitution as a preventive tool for the emergence of people without nationality, and, also, to discuss infraconstitutional legislation in other federative entities, which appears as a complementary appliance of prevention and integration of individuals with no country bond. Timely, this research also examines how the legislation materializes administratively, i.e., how it concretely manifests itself in elaboration and provision of public policies, in order to verify the fulfillment of obligation established internationality by the Brazilian state.