Migração infantil venezuelana WARAO: análise sobre a materialização dos direitos de crianças indígenas migrantes no estado do Maranhão no período de 2020 a 2023.

Abstract

This dissertation explores the materialization of fundamental rights of Warao indigenous children in the state of Maranhão, highlighting the application of human and fundamental rights instruments in guaranteeing the equal enjoyment of these rights. In this attempt, the interrelationship between human and fundamental rights is addressed, highlighting child and indigenous migration as a constant but little observed phenomenon; the reality of Warao indigenous children living in the state of Maranhão is analyzed, considering the reception process and the treatment provided in search of the promotion and protection of the rights of these children; and the instruments and mechanisms aimed at the materialization of the rights of migrant children are studied, with a macro bias, from the global to the state level. This is a legal-sociological research, with dialectical and qualitative approaches, based on authors such as Bonavides (2004; 2017), Chai (2001; 2004), Dworkin (2002; 2008), Hunt (2009), Morais (2003), Sarlet (2006; 2015) and Trindade (2006), as well as on the doctrines of Santos (2007a, 2007b), Flores (2009) and Piovesan (2015a; 2015b), listing panoramas about the tenuous relationship between the “self” and the “other” and infant and indigenous migration, in such a way that it is possible to overcome the distinctions between the former (“self” and “other”) for the realization of fundamental rights in an egalitarian manner. The research is also based on data obtained, among others, through the Secretariat for Human Rights and Popular Participation – SEDIHPOP, the Municipal Secretariat for Children and Social Assistance – SEMCAS, and on reports on the subject, such as those developed by the United Nations, such as “The Warao in Brazil; Contributions of Anthropology for the Protection of Indigenous Refugees and Migrants” (2021; 2024) and the Report “Displacement Monitoring Matrix (DTM) on the Warao Population in Maranhão” (IOM, 2020). It is concluded that the protection of Warao children in Maranhão requires more than the legal recognition of their rights, it demands the adoption of effective, culturally sensitive and structured public policies to guarantee their social inclusion without erasing their identity.