O RECONHECIMENTO DO STATUS DE REFUGIADA PARA MULHERES ESTRANGEIRAS NO BRASIL EM RAZÃO DA CONDIÇÃO DE VÍTIMA DE VIOLÊNCIA DOMÉSTICA: DESAFIOS E PERSPECTIVAS JURÍDICAS

Abstract

This article examines the feasibility of recognizing domestic violence victims as refugees in Brazil, a scenario not explicitly addressed by domestic legislation. The discussion commences with a contextualization of key concepts and a case study. The intersection of two pressing contemporary issues in Brazil - refugees and domestic violence - is explored, highlighting the country's obligations as a signatory to national and international instruments. Despite these commitments, significant gaps persist. The article subsequently analyzes the potential for Brazilian law to be interpreted in favor of this issue, advocating for a more humanitarian approach that recognizes domestic violence as a human rights violation. However, given the limitations of existing legal measures, a supplementary normative framework or interpretative legal permission is essential to effectively protect this vulnerable group of women. Ultimately, this recognition would provide a safeguard for women escaping gender-based violence when seeking refuge in Brazil, where their country of origin's laws have failed to provide adequate protection.