LGBTQIA+ asylum: From recognition to data provision in Brazil

LGBTQIA+ asylum is a reality in Brazil, although it is not expressly included in the convention. Starting with historical research, the article shows how LGBTQIA+ asylum has been consolidated in International Law and, specifically in Brazil, as a country where there are also cases of homophobia and...

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Main Authors: Felipe Nicolau Pimentel Alamino, Izabela Zonato Villas Boas
Format: Article
Language:English
Published: Oñati International Institute for the Sociology of Law 2023-04-01
Series:Oñati Socio-Legal Series
Subjects:
Online Access:https://opo.iisj.net/index.php/osls/article/view/1531
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author Felipe Nicolau Pimentel Alamino
Izabela Zonato Villas Boas
author_facet Felipe Nicolau Pimentel Alamino
Izabela Zonato Villas Boas
author_sort Felipe Nicolau Pimentel Alamino
collection DOAJ
description LGBTQIA+ asylum is a reality in Brazil, although it is not expressly included in the convention. Starting with historical research, the article shows how LGBTQIA+ asylum has been consolidated in International Law and, specifically in Brazil, as a country where there are also cases of homophobia and transphobia, LGBTQIA+ asylum is guaranteed, even if the information requested from the Federal Police and the National Committee for Refugees from Brazil do not currently indicate whether the number of concessions specifically for these groups has increased or decreased. Addressing the cliquet effect, it demonstrates the impossibility of retroaction in terms of Human Rights, preventing the denial of the granting of asylum in Brazil to this people, which is the distinctive focus of the research. The deductive method, combined with qualitative analysis of primary sources, such as official documents, and bibliographical sources were used to achieve the results.
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language English
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publisher Oñati International Institute for the Sociology of Law
record_format Article
series Oñati Socio-Legal Series
spelling doaj-art-afe0ee5c839d49cb81a47e4f14cc66572025-08-20T02:23:48ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712023-04-0113210.35295/osls.iisl/0000-0000-0000-13692487LGBTQIA+ asylum: From recognition to data provision in BrazilFelipe Nicolau Pimentel Alamino0Izabela Zonato Villas Boas1University of Sao Paulo (USP)Universidade Presbiteriana Mackenzie LGBTQIA+ asylum is a reality in Brazil, although it is not expressly included in the convention. Starting with historical research, the article shows how LGBTQIA+ asylum has been consolidated in International Law and, specifically in Brazil, as a country where there are also cases of homophobia and transphobia, LGBTQIA+ asylum is guaranteed, even if the information requested from the Federal Police and the National Committee for Refugees from Brazil do not currently indicate whether the number of concessions specifically for these groups has increased or decreased. Addressing the cliquet effect, it demonstrates the impossibility of retroaction in terms of Human Rights, preventing the denial of the granting of asylum in Brazil to this people, which is the distinctive focus of the research. The deductive method, combined with qualitative analysis of primary sources, such as official documents, and bibliographical sources were used to achieve the results. https://opo.iisj.net/index.php/osls/article/view/1531LGBTQIA asylumthe Yogyakarta PrinciplesUNCHRhuman rights
spellingShingle Felipe Nicolau Pimentel Alamino
Izabela Zonato Villas Boas
LGBTQIA+ asylum: From recognition to data provision in Brazil
Oñati Socio-Legal Series
LGBTQIA
asylum
the Yogyakarta Principles
UNCHR
human rights
title LGBTQIA+ asylum: From recognition to data provision in Brazil
title_full LGBTQIA+ asylum: From recognition to data provision in Brazil
title_fullStr LGBTQIA+ asylum: From recognition to data provision in Brazil
title_full_unstemmed LGBTQIA+ asylum: From recognition to data provision in Brazil
title_short LGBTQIA+ asylum: From recognition to data provision in Brazil
title_sort lgbtqia asylum from recognition to data provision in brazil
topic LGBTQIA
asylum
the Yogyakarta Principles
UNCHR
human rights
url https://opo.iisj.net/index.php/osls/article/view/1531
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