O princípio do non-refoulement nos sistemas interamericano e europeu de proteção de direitos humanos: uma comparação jurisprudencial entre os anos 2010-2015

Abstract

In 2022, the world reached the mark of 100 million forcibly displaced people. Given this scenario, there has been a worsening of global humanitarian reception, with the crisis in Venezuela and the war in Syria in the mid-2010s, as well as the migratory situation in Europe in 2015. Thus, as America and Europe are the stage for large migratory flows, the purpose of this study is to compare the Inter-American and European Human Rights Systems and understand how the non-refoulement principle is treated, especially in the decisions of the Inter-American Court of Human Rights and the European Court of Human Rights. Therefore, this study is based on bibliographical, documentary and qualitative research, as it was conducted using articles and materials disseminated on the subject, and applied descriptive, exploratory and comparative research as its method, focusing on the case law produced by these two regional human rights systems and investigating them according to their similarities and differences. So, after observing the cases judged between 2010 and 2015, it was possible to see how the systems have shown themselves to be committed to guaranteeing the rights innate to the condition of migrant, asylum seeker or refugee, despite the fact that there are still too many challenges to this protection, such as political pressure from the member states of the European Union or the difficulty of cooperation between the signatory countries of the San José de Costa Rica Pact.