Page 93 - IJPS-9-3

International Journal of
Population Studies Refugees’ voices in Brazilian cities

for coexistence and community governance decisions, irrespective of differences, collectively promoting the
aimed at achieving collective well-being and, at the principles of social justice, full citizenship engagement,
municipal level, (re)building the city itself and its public participatory democracy, equal dignity amid diversity,
policies. Political participation is not reduced to mere political and legal diversity, and ecological equilibrium.
indirect and representative (that is, to electoral rights), These principles align with the general guidelines of urban
nor is political manifestation exercised within institutional policy established in Article 2 of Law No. 10,257, dated July
spaces (such as State councils or committees). Instead, it 10, 2001 (City Statute) (Brazil, 2001).
comprises direct and active forms of participation, often Concerning the rights of refugees, it should be noted
less formalized and external to legal mechanisms (Cantoni, that the current Brazilian policy for the reception of
2016; De Carvalho, 2015; De Dallari, 1992). refugees and refugee applicants formally guarantees
Being a citizen, therefore, entails residing within the human rights necessary for the preservation and
the city and actively engaging with it — embracing the maintenance of their dignified life in Brazilian territory (De
advantages and prospects, it provides while also playing a Oliveira & Carneiro, 2022). While Law No. 9,474, dated
role in shaping its development. As a consequence, the act July 22, 1997, defined the mechanisms for implementing
of inhabiting the diverse urban landscape connects refugee the Geneva Convention of 1951 (UN Refugee Statute) in
populations with the established community, granting Brazil (1997), Law No. 13,445, dated May 24, 2017, lists
them the ability to possess, exercise, and relish all the rights the rights and guarantees provided to all migrants in the
associated with urban citizenship (De Oliveira & Carneiro, national territory (Brazil, 2017b), in accordance with the
2022). regulations set forth in Federal Decrees No. 9199/2017
Conversely, the right to the city aligns with the right (Brazil, 2017a) and No. 9277/2018 (Brazil, 2018), as well as
to dwell in urban spaces, which encompasses complete the Normative Resolutions of the National Committee for
engagement with the city itself (Lefebvre, 2011). This right Refugees (CONARE).
involves the ability to partake in and relish the benefits, Law No. 9.474/1997 states that formally recognized
opportunities, and essential services provided within the refugees have the same rights and duties as migrants
urban system, all of which are fundamental for a dignified residing in Brazil, in addition to those stipulated in
life. These include access to housing, transportation, the 1951 Geneva Convention (Brazil, 1997). However,
employment, culture, leisure, and more. Moreover, it CONARE has extended the majority of rights guaranteed
extends to active involvement in the formulation of urban by Law No. 9.474/1997 to individuals who are still seeking
policies and the construction of the city itself (Santos, refuge. In addition, Law No. 13,445/2017 establishes that
2014; Trindade, 2012). the rights and guarantees provided by the immigration
This right also entails the imperative of striking a law will be exercised in compliance with the constitutional
balance between urban development and overall welfare, provisions, regardless of the person’s immigration status.
prioritizing the well-being of the entire community rather This includes not excluding other rights and guarantees
than merely benefitting isolated groups (Filho, 2009). It arising from treaties to which Brazil is a signatory (Brazil,
encompasses the right to effective democratic equality 2017a).
of opportunities and dignity within the urban landscape It is observed, therefore, that Brazilian legislation
(Borja & Muxí, 2000; De Dallari, 2004). This includes guarantees civil, social, cultural, and economic rights
considerations of spatial justice, ensuring democratic and freedoms to the migrant and refugee population,
access to all areas and environments throughout the city’s but it lacks express provisions regarding their political
territory (Tsavdaroglou, 2020). Consequently, the essence rights. However, despite the Federal Constitution of 1998
of the right to the city undergoes a transformation with the expressly prohibiting the electoral enlistment of migrants
advent of refugees and refugee applicants, who represent (Brazil, 1988), migratory legislation assures them the rights
“new” political subjects with their “new” demands for of assembly for peaceful purposes and of association for
urban rights. These demands are shaped by the unique lawful purposes, including those of a trade union nature —
circumstances of their social vulnerability and living which also encompasses the formation and composition of
conditions. civil associations that engage in political participation (De
Viewed as a fundamental entitlement for all city Oliveira & Carneiro, 2022).
residents, the right to the city encompasses a spectrum of Hence, when we view citizenship as a collection of
citizenship rights that are essential for upholding a dignified rights associated with full participation, it becomes evident
life within urban environments. Its overarching objective is that the concept of citizenship extends to refugees as well.
to ensure the well-being and development of individuals, This extension embraces and respects their differences,

Volume 9 Issue 3 (2023) 87 https://doi.org/10.36922/ijps.438