CIDADANIA MULTIÉTNICA: ESBOÇO DE FORMAÇÃO DE UM ESTADO TRANSNACIONAL PARA ALÉM DAS NACIONALIDADES

The article presents theoretical considerations about the formation of a transnational State within the Organization of American States capable of enabling citizenship to the inhabitants of the States-members regardless of the enjoyment of a particular nationality. It tries to answer the question: is it possible to guarantee citizenship rights to stateless regardless of the enjoyment of a nationality? The research is relevant because the mechanisms of international human rights law concerning the right to nationality have been unable to stop the emergence of stateless persons. It's used the deductive method, with support in literature of legal and social sciences, as well philosophy. The main theoretical references are Arendt, Kant, Bauman and Habermas. The article is divided into three stages: in first, it's presented as the two World Wars contributed to the creation of migrants controls at the frontiers of States and for denationalization measures; then, it will be presented to Arendt's thought about the failure of human dignity for the protection of ethnic minorities; in the latter, divided into three subparts, will be articulated, in theory, the possibility of formation of the state category mentioned above and how it can ensure the protection of human rights of stateless persons. The work shows that, although not yet tested empirically, the transnational State can become a protective reality to vulnerable people if it can provide citizenship to residents in the territories of its Member States not depending of the link of nationality, but based on the criterion of place of residence.