A responsabilidade internacional brasileira frente a não aplicação do princípio do “non refoulment"

Abstract

The non-refoulment principle emerges from the post-war period. Since it is constituted as a basic principle of International Refugees Right, it establishes that any refugee can be obligated to return to a territory or that they can be extradited to their native country when it comes to death risk or their freedom is threatened on the grounds of their skin color, religion, nationality, social group or political persecution. The non- refoulment principle characteristic is to be jus congens, being a mandatory standard of international right, which is not allowed its derogation, in other words, states cannot violate this principle in any circumstances. The principle exists to assure and support refugees whose lives are at risk in case of deportation.