Detenção migratória de crianças e adolescentes limites à luz da proteção internacional dos direitos humanos

This article analyzes, in light of international human rights protection, the legal and practical limits of the immigration detention of children and adolescents. It begins by examining migrant children as subjects in a condition of particular vulnerability, drawing on Jacqueline Bhabha’s studies on childhood in migration contexts and Hannah Arendt’s reflection on the “right to have rights.” It then examines the incompatibility of immigration detention with the standards established by the Convention on the Rights of the Child, the American Convention on Human Rights, and the protective framework established by the Inter-American Court of Human Rights in Advisory Opinion OC-21/14, in dialogue with Brazilian legal scholarship, particularly the contributions of Deisy Ventura and André de Carvalho Ramos, as well as the principles established by the Brazilian Migration Law (Law No. 13,445/2017).Finally, the article discusses the legal and practical limitations of migration policies based on detention, as well as community-based alternatives consistent with the principle of the best interests of the child and the doctrine of integral protection. It concludes that the immigration detention of children and adolescents, regardless of the terminology adopted or the administrative justification presented, is incompatible with the international human rights obligations assumed by the Brazilian State.