A criminalização da solidariedade como obstáculo à promoção dos direitos humanos na Itália (2015-2023)

Abstract

This research analyzes the criminalization of solidarity in Italy, between 2015 and 2023, and how these measures have hindered the promotion of human rights in the country. To this end, it will be carried out on the basis of a bibliographical review (including doctrine, documents and reports issued by participating bodies), combined with the theoretical framework and legal instruments issued by Italy and international organizations, as well as news and reports highlighting cases of criminalization in the country. Classified as basic, exploratory and with a qualitative approach, the research will use as a theoretical framework studies on the criminalization of migration, civil resistance, non-violence, and especially the theory of Communicative Action (1989; 2012) by Jürgen Habermas to understand the role of NGOs as essential actors in the promotion of human rights in Italy, in the current migratory context. It demonstrates how NGOs are fundamental to building more equal and fair relationships between the actors involved in the process of searching for and rescuing migrants and refugees, as well as characterizes the acts promoted by the Italian state as instruments of violence, rather than legitimate mechanisms of social accountability.