This article analyzes the institutes of political asylum and refuge based on a comparative analysis of the legal regimes that regulate the two institutes in international and Brazilian law, especially delimiting the constitutional foundations of both and their regulation in the Migration Law, its connection to the protection of human rights and the applicable procedures for asylum and refuge. Based on the dialogue of the sources, it seeks to establish the approximation of the two institutes by the guideline of the protection of the human person, demarcating their differences regarding the application requirements, effects and margin of decision-making freedom of the Brazilian State to implement each of these institutes in concrete situations, and analyzing the judicial precedents of the Brazilian Federal Supreme Court, especially the cases of Olivério Medina and Battisti, to understand the dimension given by the two institutes in the jurisprudential practice of the Court.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo. Stay tuned.
The Call for Papers for ICON•S Mundo is now closed. Successful applicants will be notified by the end of May.
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