Políticas migratórias e a efetivação do direito fundamental de acesso ao ensino médio para jovens refugiados: Brasil e Colômbia em perspectiva

Abstract

Considering the line of research – State, Constitutional Democracy and Fundamental Rights of the Stricto Sensu Postgraduate Program at the Faculty of Law of Vitória (FDV), the thesis, based on the analysis of the context of the migration crisis and consequences on the South American continent, problematized the issue of the challenge of including young refugees, through education, in the light of fundamental human rights to the dignity of the human person. In a global initiative and self-regulated individual goals, the countries agreed on the Sustainable Development Goals considering collaborative actions to build a more just, fraternal and sustainable society, in which SDG1 - eradication of poverty, SDG 4 - quality education and SDG 10 - reduction of inequalities stand out for analysis. However, the state of the art highlights the insufficient progress of these plans since, on average, only 17% of the goals have progressed. In fact, thinking about humanity from an intergenerational perspective essentially implies considering the guarantee of human rights for a life with dignity, and in this sense, the importance of access to quality education for young refugees is discussed – an individual who least accesses high school among their peers. According to the constitutional plan guaranteeing fundamental rights in both Brazil and Colombia, it is the State's duty to offer free secondary education in the public education network to young people aged between 15 and 17 years. It is mainly at school that this population finds support to overcome obstacles, such as language barriers and the essential professional training. As an outline, we adopted an analysis of the South American reality, where Colombia stands out as the country that welcomes the largest number of refugees, and in the global ranking - it is positioned among the first six that welcome the most refugees globally - this country promoted profound transformations in its constitutional model to support legislation capable of offering support to public policies aimed at confronting the refugee diaspora, achieving satisfactory results, despite the imperfections. In this sense, the present research developed a comparative analysis of the Colombian constitutional design and respective public policies considering the potential contributions that such practices could offer to think about Brazil's advancement in the face of a similar challenge, safeguarding the peculiarities and differences between both the countries. As a methodological approach, the case study method was adopted, with qualitative, exploratory, and descriptive research. For data collection, the research was based on bibliographic and documentary review and, 13 for data processing, the Bardinian method of content analysis was used. In final considerations, highlights, among other contributions, were the cogent adoption of a state policy for welcoming refugees and the structuring of a unified network for the distribution of resources for permanent programs to welcome young refugees, with emphasis on access to emancipatory vocational-based education. These contributions join others aimed at strengthening the constitutional legal framework and respective public policies aimed at caring for human beings in situations of vulnerability in the face of the constant challenge of building a more just and fraternal society in the Democratic State of Law