Alteridade e teoria crítica dos direitos humanos como fundamento ético dos direitos dos refugiados.

With the worsening of the migratory crisis today, due to the inability of different countries to comply with their obligations, the fragility of international agreements ends up being evidenced. Thus, the objective of this study is to understand the limits of legal norms based on the critical theory of human rights and the ethics of otherness, considering the basic assumptions of refugee rights, as established by the Refugee Statute and applied in Brazil with the law 9.474/1997. As far as it was possible to perceive, from the critical perspective of Douzinas e Flores, human rights were consolidated as a legal abstraction that compromised their effectiveness. Based on Lévinas’ ethics of otherness, it was understood that abstract universalism does not imply the recognition of the other refugee, and it is necessary to consider human rights as a priority in its intersubjective dimension, so that laws and public policies are constructed with the participation of refugees themselves, subject to rights. [ABSTRACT FROM AUTHOR]