O RECONHECIMENTO DO STATUS DE REFUGIADO COM PERSEGUIÇÃO BASEADA NA ORIENTAÇÃO SEXUAL E IDENTIDADE DE GÊNERO NO MERCOSUL.

Abstract

Although there is a range of human rights that include the protection of the LGBTI+ population, exclusion by LGBTI+phobia still persists in the culture of numerous countries, so that social stigma influences the decisions, norms, laws and customs of States, with criminalization at this population and/or stigmatization that leads to violations of numerous human rights. Thus, in view of this situation, in addition to the fact that this kind of phobia generates persecution of sexual orientation and gender identity (OSIG), many people end up being forced to leave their country, consequently insurgent LGBTI+ refugees persecuted because of the OSIG. In view of this, the present work presents as problematic: how is the recognition of refugee status with persecution based on OSIG in MERCOSUR? The general objective is to analyze how the recognition of refugee status with persecution based on OSIG in MERCOSUR is treated, in which, for the main scope to be achieved, three specific objectives were formulated: Examine the protection of refugees in MERCOSUR, understand the protection and OSIG-based persecution in MERCOSUR, and to investigate how the recognition of refugee status with MERCOSUR OSIG-based persecution is treated. The research is justified by the fact that: a) article 6 of the Universal Declaration of Human Rights guarantees that “Every human being has the right to be recognized everywhere as a person before the law” (UN, 1948). ); b) refuge is an aspect of the international protection of the human person; c) the Cartagena Declaration of 1984 extended the protection of refugees who are victims of generalized violence, internal conflicts and massive violations of human rights; d) MERCOSUR plays an important role in the integration of human rights; e) There are instruments in MERCOSUR that emphasize its importance for the protection of refugees, f) UNHCR recognized in 2012 that LGBTI+ people should be recognized as refugees when there is a well-founded fear of persecution; g) Recognition of LGBTI+ refuge is a human right; h) It is necessary for MERCOSUR to recognize LGBTI+ refugees; i) There are few studies that specifically deal with the topic under analysis; and j) It is a little-addressed human rights issue, an issue that is often left aside, which needs to be reflected upon. It is concluded, after falsifying the hypotheses, that there are legal protections for refugees in MERCOSUR and its member countries, that in MERCOSUR there is protection for OSIG, however, Paraguay goes against the bloc and its member countries, In addition, there is still persecution within MERCOSUR, the result of the alliance and sexuality device, as well as the friend-enemy treatment, which is reproduced in each of its member countries, and, finally, there is no legal recognition of refugee status with OSIG-based persecution by MERCOSUR, nor in its member countries, however, in its member countries there are public policies that recognize such status, making it necessary for MERCOSUR and its member countries to work on their pure form of power recognition of refugee status with OSIG-based persecution.