Exclusion clause for heinous crime, terrorist acts and drug trafficking from refugee status: improper intervention of Criminal Law in Human Rights

Abstract

The increase in the number of refugees in the world today has evidenced an immigration crisis: thousands of people as refugees searching for new homes. In Brazil, the legal regime was established by Statute 9.474, which enlarges the definition of refugees (article 1). However, the legislation presents new possibilities of exclusion due to heinous crime committed, terrorist acts and drug trafficking, without specific provision in the Convention of 51. The study will show that the exclusion clause in the Statute 9497, art. 3 discloses a criminal policy interference that violates the international protection of human rights. The crime analysis by the exclusion clause can violate the refugee’s institute that is established in Human Rights International Conventions, especially de non-refoulement principle. Considering the international refugee protection as part of the human rights, it can not be conditioned to the interference of the national criminal policy. We may conclude that the interference of criminal law in the concept of refugee reveals a weakness of the protection of human rights to which Brazil has committed itself under international treaties.