Page 97 - IJPS-9-3

International Journal of
Population Studies Refugees’ voices in Brazilian cities

a means to garner respect (with equality and dignity) for In this sense, the replacement of real political subjects
their specificities and to construct an identity emancipated with abstract political subjects destroys the project of
from the “universal subject” conceptualized by liberal emancipation of the former and also subjugates them by
legal theory (Brown, 1995). This “universal subject” is emancipating their generic substitutes (Marx, 1967; Brown,
considered the binding axis that stresses the paradigm 1995). By depoliticizing individuals, the liberal discourse of
of universal equality. Thus, formal recognition remains law masked the social power held by dominant institutions
essential in cases where the right to the city is already (and groups) (Brown, 1995), ultimately naturalizing
concretely effective for refugees and seekers of refuge. the subordination of those who do not conform to the
“universal standard.”
It is important to point out that institutionalized
human rights consist of multiform and irresolute In this context, law itself becomes an instrument for
manifestations of historical and cultural character, which the reproduction and maintenance of the social, economic,
vary not only through time and cultures but also along and cultural inequalities characteristic of the current
other vectors of power and their resulting intersections world-system, as it is a product of certain (hegemonic)
— such as class, race, ethnicity, gender, sexuality, age, forces and interests (Williams, 1991). It is then perceived
and education (Brown, 1995). This characteristic as the abstraction of all the groups of individuals that make
demonstrates that apart from being constantly altered up this system, often referred to as the notorious “universal
in time and space (Comparato, 2013; De Ramos, 2015), subject.” The struggle for formal recognition of the right
the application of law presents varied, inconsistent, and to the city for refugees and refugee applicants serves as an
even contradictory interpretations and applications example denouncing the paradox of the discourse of law. It
(Brown, 1995). These interpretations and applications seeks to annihilate injustice and construct an identity using
depend on the geopolitical space in which they were the same instrument that contributes to the perpetuation
developed and are applied. of inequalities and the abstraction of concrete individuals
within a given community.
According to Brown (1995), historically, rights
have been claimed to ensure the formal sociopolitical This paradox raises questions about the feasibility of
emancipation of groups of individuals who have been utilizing the law by the movement of people in situations
of refuge in seeking the realization of their right to the city
stigmatized, victimized, and subordinated by particular and for the construction of their collective identity. In such
social identities. This was done to grant these marginalized circumstances, what would be the consequences of the use
groups a place of speech in the humanist discourse of the of the “enemy’s weapon?” Should it still be used in these
“universal” personality that underlies positive law. This circumstances?
discourse, however, existed in an ahistorical language
devoid of culture and outside a sociopolitical context. Williams (1991) understands that the language of
rights should not be abandoned; instead, she suggests
However, when considering the historical-cultural that a wide range of other languages should be analyzed
character of (human) rights, Brown (1995) states that the when interpreting and applying it. The discourse of the law
“liberating or egalitarian” force of these rights has always should not be ignored because, although it is permeated by
been historically and culturally circumscribed. According power relations and is commonly used as an instrument
to the history of the development of human rights, they for perpetuating injustices, it consists simultaneously in
emerged in modernity as a means of emancipation from the space of dispute for the guarantee of rights and the
political exclusion and institutionalized servitude. They language code for that purpose.
also served as instruments for favoring the emerging
bourgeois class under the guise of a discourse of formal Similarly, Williams believes that the most effective way
equality and universal citizenship (Brown, 1995). to amplify the voices of those whose voices are constantly
suppressed is to assert that they have no voice at all. This
Rights initially emerged as a means of protection against involves dismantling the images of power and replacing
arbitrary abuses of sovereign and social power, as well as them with images of impotence (Williams, 1991). Under
a method for guaranteeing and naturalizing the socially this line of reasoning, Williams (1991) demonstrates that
dominant powers related to class, gender, ethnicity, and the “antidote” to the use of this legal and institutionalized
more (Brown, 1995). This was achieved through a liberal machinery for producing and maintaining injustices is
constitutionalism maneuver aimed at granting (“give exactly the act of dressing up the law’s flawed clothing
someone, as it suits him,” instead of conquering) freedom, and using it. By doing so, one can point out its own vices,
equality, and representation to abstract subjects rather using them as the reason for guaranteeing the rights of that
than concrete subjects (Marx, 1967 apud Brown, 1995). victimized individual.

Volume 9 Issue 3 (2023) 91 https://doi.org/10.36922/ijps.438