This article analyses the “non-entry fiction” in Brazilian, Chilean, and Ecuadorian airports, revealing a stark contrast between generous legal frameworks and restrictive border practices. It shows how transit zones become legal exceptions designed to bypass non-refoulement obligations. Ultimately, the study warns that normalizing this differentiated legality strips the right to international protection of its core meaning.
Lambertini Martinez, S.M. (2026). The Fiction of Non-Entry in South American Airports: Evidence from Brazil, Chile, and Ecuador. FEDERALISMI.IT, 11/2026, 116-136.
The Fiction of Non-Entry in South American Airports: Evidence from Brazil, Chile, and Ecuador
Sara Mariella Lambertini Martinez
Writing – Original Draft Preparation
2026
Abstract
This article analyses the “non-entry fiction” in Brazilian, Chilean, and Ecuadorian airports, revealing a stark contrast between generous legal frameworks and restrictive border practices. It shows how transit zones become legal exceptions designed to bypass non-refoulement obligations. Ultimately, the study warns that normalizing this differentiated legality strips the right to international protection of its core meaning.File in questo prodotto:
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