O direito internacional da nacionalidade em órgãos judiciais e quase judiciais

Abstract

The present research sought to compile and analyze the application of universal articles for the protection of the right of nationality by international and domestic courts, as well as by quasi-judicial courts - decisive bodies of International Organizations. The research methodology consisted of, first, identifying the articles present in International Conventions of global scope that would guarantee the protection of nationality law and, then, verifying their application by the available jurisprudence bases. In order to achieve a global study, a total of forty-two cases were analyzed, from four international courts, four quasi-judicial bodies and Superior Courts from eleven countries spread over five continents. The work aimed to bring to light and reinforce the role of Nationality Law under the prism of Public International Law, since there are several International Conventions that deal with the subject. By analyzing the cases, it was possible to perceive its application with points of consensus, such as the non-acceptance of gender discrimination, the need to issue reasoned decisions or the protection of children against statelessness; and divergent points, such as denationalization in the event of fraud or crime, the legal protection of the de jure and de facto stateless person or the violation of international law due to ethnic discrimination. The growing study of the theme of nationality under the prism of Public International Law has gained more and more space in the international academic agenda, so that the research results on numerous questions for future works.