Protection of the statute of children and adolescents to access to the education of venezuelan children refugees in Brazil

Abstract

This article addresses the protection of the Statute of Children and Adolescents (ECA) for access to education for Venezuelan refugee children in Brazil. Refugees are usually associated with a problem to be solved by the host State and not with people who need to have their rights secured and protected, as well as their dignity restored. Even though Brazilian legislation establishes the spirit of receiving migrants, for constitutional reasons and for norms of international law, there is a need to implement more effective migration policies aimed at guaranteeing the protection of refugee children's right to education. The general objective is to analyze whether access to education and ECA protection extends to Venezuelan children and adolescents who are refugees in Brazil. Thus, it conceptualizes the fundamental rights of children and adolescents guaranteed by the Federal Constitution of 1988 and in the ECA, it analyzes the trajectory of Venezuelan children in Brazil, it also addresses the protection of the ECA to Venezuelan refugee children in Brazil and as public policies that guarantee the right to education of these children and adolescents. The adopted methodology is qualitative and the method of deductive approach, based on theoretical research and pertinent legislation. It is concluded that for the rights of Venezuelan children and adolescents refugees in Brazil to be effective, it is necessary for States to treat this matter as an internal matter in their legislation, as in the exercise of their sovereignty they can create their own rules, as long as they are in favor and based on the 1951 Inter-American Convention on Human Rights.